NEW YORK FRAUD CLAIMS

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 …

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 …

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 …

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 …

A recent decision of the New York Appellate Division, Second Department, addressed claims of fraud in the context of the sale of real property, and specifically the interrelationship between the buyer’s duty of due diligence and the seller’s duty to …