NEW YORK FRAUD CLAIMS

Readers of this Blog know that when the New York Court of Appeals weighs in on fraud-related issues, I listen (and write). The latest installment is the Court’s decision in the case of Golobe v Mielnicki, 2025 NY Slip Op …

Claims of fraud raise many issues and permutations relating to the statute of limitations—the time by which a claim can be brought.  These rules require careful analysis, as they are often confused or misapplied by counsel.  For example, while many …

In soundly sustaining the denial of summary judgment to a defendant attempting to dismiss a foreclosure action based upon a defense of fraud, a new decision of the Appellate Division, Second Department, relied upon a long-standing principle applicable to any …

When New York’s highest Court comments on what might amount to fraud-related issues, it is always a time to pay attention here.  The Court’s latest commentary is contained in Hobish v AXA Equit. Life Ins. Co., 2025 NY Slip Op …

Contracts often contain provisions in which the parties waive their right to a jury trial of any disputes relating to the contract.  On the other hand, fraud claims have a way of avoiding all or part of contractual promises and …