NEW YORK FRAUD CLAIMS

Fraud claims can be assigned, but the assignment of a contract does not automatically incorporate and include fraud claims relating to that contract.  Contract rights are distinct from tort-related claims, such as fraud or misrepresentation. Courts look to the language …

“Hard” Cases, or Rather Bad Facts, Make Bad Law I often applaud the legal reasoning of the appellate courts of the State of New York as I chronicle the court decisions on fraud topics in this Blog.  Unfortunately, I do …

Like Fraud and Spiderman, With Great AI Powers, Come Great Responsibilities … During my weekly exercise of scouring the decisional databases for noteworthy and instructional fraud decisions, lo and behold, what do I find? A decision of the New York, …

There is a well-established principle that statements of “opinion” are distinct from representations of fact for purposes of establishing the elements of a claim for civil fraud.  It is based upon the general premise that a representation must be proven …

Two recent decisions from the Appellate Division, Second and Third Departments, underscore the fundamental requirement of reasonable or justifiable reliance for the cause of action of fraud, and in particular if “the facts represented are not matters peculiarly within the …