New York Fraud Claims Blog

Equitable Estoppel Grounded in Fiduciary Concealment Allows Surviving Spouse to Effectuate Late Spousal Election

November 2, 2026

A new decision of the New York Appellate Division, First Department, in Matter of Giurdanella, 2026 NY Slip Op 06234 (1st Dep’t Decided Oct. 22, 2026), is noteworthy for three distinct reasons: (1) the Court expounded upon a subject not …

First Department Applies the In Pari Delicto Defense to Commodity Exchange Act “Equity” Receiver Claims

October 19, 2026

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In the face of a vigorous dissent, the New York Appellate Division, First Department, applied the in pari delicto defense to sustain the dismissal of claims by a court-appointed receiver over the interests and property of a corporate entity run …

“Constructive Fraud” Deemed “Equitable” Claim Outside Scope of Arbitration Provision Directing All “Legal” Claims to Arbitration

August 24, 2026

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A new decision of the New York Appellate Division, Second Department, has taken a rather rigid and exacting view of a contract’s arbitration clause, ruling that subjecting all “legal” clams to mandatory arbitration does not encompass “equitable” claims, and that …

Challenging Releases in Commercial Setting Gets Strict Scrutiny

July 19, 2026

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Challenging Releases in Commercial Setting Gets Strict Scrutiny Challenging Releases Under the seminal New York Court of Appeals decision in Centro Empresarial Cempresa S.A. v AmÉrica MÓvil, S.A.B. de C.V., 17 NY3d 269 (2011), a release of claims can be challenged …

First Department Gives Lenient Pass to Aiding and Abetting Fraud Claims

June 30, 2026

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I have reviewed the myriad of ways in which parties can be held liable for the fraudulent conduct committed by others. See Imposing Responsibility for the Fraud of Others—Let me Count the Ways. Among the most prominent legal theories is …

KEVIN SCHLOSSER

ABOUT THE AUTHOR

NEW YORK FRAUD CLAIMS

Equitable Estoppel Grounded in Fiduciary Concealment Allows Surviving Spouse to Effectuate Late Spousal Election

First Department Applies the In Pari Delicto Defense to Commodity Exchange Act “Equity” Receiver Claims

“Constructive Fraud” Deemed “Equitable” Claim Outside Scope of Arbitration Provision Directing All “Legal” Claims to Arbitration

Challenging Releases in Commercial Setting Gets Strict Scrutiny

First Department Gives Lenient Pass to Aiding and Abetting Fraud Claims

KEVIN SCHLOSSER

ABOUT THE AUTHOR

NEW YORK FRAUD CLAIMS

Equitable Estoppel Grounded in Fiduciary Concealment Allows Surviving Spouse to Effectuate Late Spousal Election

First Department Applies the In Pari Delicto Defense to Commodity Exchange Act “Equity” Receiver Claims

“Constructive Fraud” Deemed “Equitable” Claim Outside Scope of Arbitration Provision Directing All “Legal” Claims to Arbitration

Challenging Releases in Commercial Setting Gets Strict Scrutiny

First Department Gives Lenient Pass to Aiding and Abetting Fraud Claims

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