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 ...

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 ...