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 ...

Two years ago, I commented on a decision of the Appellate Division, First Department, in which the Court inartfully and, frankly, incorrectly, commented that “the issue of reasonable reliance is not subject to summary disposition … .” I demonstrated that ...

Two recent decisions underscore the prominent role that publicly-available information and due diligence have on issues concerning the accrual of the statute of limitations over actual fraud claims and the element of justifiable reliance in establishing fraud. My introduction to ...

The New York Civil Practice Law and Rules explicitly allow parties to allege claims or positions that may be contradictory, conflicting or even duplicative.  In fact, there are two provisions of the CPLR that address that authority: CPLR 3014, often ...

On the sixth day of a hearing examining her receipt of information from the New York Racing Association (NYRA) racing office, trainer Linda Rice said the emails provided to her by entry clerk Jose Morales had minimal impact on her ...

ELMONT, N.Y. – Trainer Linda Rice on Thursday concluded two days of testimony under direct examination, downplaying the significance of information sent to her by New York Racing Association employees about races she was considering entering horses in that had ...

On the fifth day of a hearing into alleged rule violations by top New York trainer Linda Rice, Rice’s attorney began laying the framework of his defense. Rice is accused of “actions inconsistent with and detrimental to the best interest ...

ELMONT, N.Y. – Trainer Linda Rice acknowledged giving cash tips to members of the New York Racing Association racing office and gate crew, mostly at Christmas time, over a five-year period from 2010-14, but denied that the money was in ...