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"Omissions Can Amount to Fraud: Duty to Disclose to Avoid Misleading Impressions," Written By Kevin Schlosser

Dec 27, 2021Litigation & Dispute Resolution

In my last post, I explained that even omissions can form the basis of fraud claims under a number of circumstances, and therefore the New York Martin Act has not preempted claims of fraud that are based upon omissions to the extent they existed at common law apart from the required disclosures under the Martin Act.

The Appellate Division, First Department, has just rendered a decision relying upon one of the grounds for establishing a fraud claim even without alleging an affirmative misrepresentation of fact. In DirectTV, LLC v Nexstar Broadcasting, Inc., 2021 NY Slip Op 06539 (1st Dep’t Decided Nov. 23, 2021), the First Department sustained a fraud claim based upon the misleading partial disclosure doctrine...

Read Kevin's full post here.