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 ...

Real Estate Taxes will be increasing. Nassau and Suffolk Counties are in dire straits because of the pandemic. The assessments were set before the pandemic so now assessments should be lowered. The filing of protests in January 2021 are to ...

Attorneys and non-lawyers often call me to get advice about fraud claims or to inquire about particular issues involving causes of action for fraud.  Issues that I am asked about very frequently concern the statute of limitations for bringing fraud ...

Human Resource Departments need to take heed of a new decision in Supreme Court, New York County denying a motion to dismiss an employment discrimination case based upon the former employee’s claim that she was fraudulently induced to sign a ...

A claim for fraudulent inducement can give rise to different remedies.  Two basic remedies are damages proximately caused by the fraud and/or rescission of the transaction that was induced by the fraud.  If damages are sought, courts recognize only what they describe as the ...

I write again on the requirement of reasonable reliance.  Another fraud case bites the dust because the plaintiff did not show it relied reasonably upon the allegedly fraudulent misrepresentations. This case involves certificates of insurance. Certificates of Insurance Very often ...

I have commented often in this blog on the element of “reasonable reliance” in the cause of action for fraud.  The New York Court of Appeals has observed that requiring a party to act reasonably in relying on allegedly false ...

While court decisions concerning fraud and misrepresentation claims consistently pack the courts’ dockets, some weeks there are simply no notable decisions to highlight.  This past week, while no decisions were issued that really delve into an analysis of fraud, there ...

The cause of action for fraud does not always recognize legal remedies for what might appear to be inappropriate or even wrongful conduct.  For example, even in the face of the most egregious fraudulent conduct, the victim cannot establish a ...

Suffolk County extends time to protest taxes. The towns of Babylon, Huntington, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton have a deadline of June 16th, while every other town allows grievances to be filed until June 23, 2020.  Because of ...

As I have commented upon, victims of fraud and particularly Ponzi schemes often find themselves without a fund from which to recover their alleged damages because the fraudsters have squandered the money or are otherwise judgment-proof.  In such circumstances, claims of ...

Some causes of action do not require allegations that the wrong resulted in actual damages.  For example, the tort of defamation per se does not require the plaintiff to allege or prove specific monetary loss resulted from the defamatory statements.  See, ...