New York Fraud Claims Blog

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

August 24, 2026

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 …

Corporate Veil Piercing, No; Setting Aside Preferential Transfers, Yes

May 11, 2026

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A new decision of the New York Appellate Division, Second Department, reversed a decision after a bench trial in which the judge pierced the corporate veil of the defendants, but affirmed its setting aside certain preferential transfers made to a …

Tricky Statute of Limitations Issues—Even if a Contract Provides for Substantive Law of Another State, New York Courts Will Apply New York Statute of Limitations, Including as to Fraud Claims

May 4, 2026

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A new decision of the New York Appellate Division, First Department, reminds us of the quirky rules that apply New York’s statute of limitations even when a contract provides for applying the substantive law of another state—Cincinnati Terrace Member LLC …

KEVIN SCHLOSSER

ABOUT THE AUTHOR

NEW YORK FRAUD 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

Corporate Veil Piercing, No; Setting Aside Preferential Transfers, Yes

Tricky Statute of Limitations Issues—Even if a Contract Provides for Substantive Law of Another State, New York Courts Will Apply New York Statute of Limitations, Including as to Fraud Claims

KEVIN SCHLOSSER

ABOUT THE AUTHOR

NEW YORK FRAUD 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

Corporate Veil Piercing, No; Setting Aside Preferential Transfers, Yes

Tricky Statute of Limitations Issues—Even if a Contract Provides for Substantive Law of Another State, New York Courts Will Apply New York Statute of Limitations, Including as to Fraud Claims

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