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 ...

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 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 ...

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 ...

The Nassau school tax bills usually payable in November, are now payable December 10, 2020. This is very confusing to say the least. Most show increases in assessment that are phased in over five years even if the total taxes ...

Courts have traditionally struggled with determining whether and under what circumstances contractual promises or obligations can amount to, or be relied upon to allege, a separate claim of fraud.  See my post for a good example of an internal debate within the ...

Amended CPLR 503(a) In 2017, the New York Legislature amended CPLR 503 to provide a new and additional basis for venue of a lawsuit:  “the county in which a substantial part of the events or omissions giving rise to the ...