As I have explained in this blog, there is a well-ingrained theme running through the civil cause of action for fraud:  Those who are seeking to assert and obtain legal remedies for fraud have a duty to act reasonably to ...

Three judges are leaving the court in a 10-month span. Legal experts say the shakeup is a critical moment for New York’s highest court. Major turnover has begun for New York’s top court. Judge Paul Feinman abruptly retired last week ...

Justice Eng Breaks Barriers, Offers Insightful Counsel Justice Randall T. Eng taps into his vast legal and judicial experience to provide unique and insightful counsel and advice to Meyer, Suozzi, English & Klein, P.C.’s (Meyer Suozzi) clients. His areas of ...

There is no reason for practitioners and their clients to wait for the legislature to act. The mechanism of hiring a private judge is already fully available. I read with interest the article “A Proposal for Private Judging in New ...

The Federal District Court for the Southern District of New York recently ruled that a common law fraud claim against the 98% shareholder and officer of a corporation that filed for bankruptcy should not be enjoined because of the corporate ...

In a potential blow to one of two low-priced gas stations on the Poospatuck Indian reservation, the state Appellate Division has upheld the Unkechaug Indian Nation’s sovereign right to determine whether blood-right members can possess land on the Mastic reservation ...

On February 25, 2021, Edward J. LoBello and Jordan D. Weiss authored Practical Law Eastern District of New York Bankruptcy Court Toolkit published by Thomson Reuters.  The online publication compiles key resources for attorneys in the practice of bankruptcy law ...

In the law of civil fraud, even blatant misrepresentations are insufficient to sustain a cause of action for fraud where the party asserting fraud has not done its part to protect itself from fraudulent conduct. That concept is embodied in ...

Partner, Michael J. Antongiovanni, recently obtained an appellate victory in the Appellate Division, First Department, reversing the lower court’s dismissal of plaintiff’s claim that its co-shareholders defrauded it out of $14.3 million dollars in connection with their collective sale of ...

Overturning an agreement to arbitrate by claiming fraudulent inducement is not easy or straightforward.  I have explained the analysis applied by the New York State Courts in a number of posts.  See,e.g., Special Rules for Nullifying Arbitration Agreements for Alleged Fraud, Nov ...

I have written often about the essential element of justifiable reliance for fraud claims, and the firmly-established case law endorsing the dismissal of a claim for fraud because justifiable reliance was not adequately pled. Last month, I did my part to ...

On January 2, 2021 the Nassau County Assessor published the tentative 2022/23 real property tax assessments.  It appears that the assessments are the same as published last year for the 2021/22 tax year. However, most of the assessments have a ...