The Commercial Division, Albany County (Platkin, J.), has rendered an analytical decision carefully examining the special facts doctrine and whether contractual representations and warranties can serve as the basis of the factual misrepresentations needed for fraud claims, in Berkshire Bank v ...

The elements of a cause of action for fraud are well known and often cited:  “a misrepresentation or a material omission of fact which was false and known to be false by [the] defendant, made for the purpose of inducing ...

The intersection between claims of fraud and breach of contract is heavily travelled by the courts.  Courts often dismiss attempted fraud claims by finding that they are “duplicative” of the contract claim, allege the same damages, allege a mere breach ...

This article addresses how disclaimers contained in pre-transaction confidentiality agreements, as well as subsequent stock acquisition agreements, impact the element of reasonable reliance in connection with various fraud claims. Such disclaimers of reliance on representations, warranties or other information allegedly ...

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 ...