New York Fraud Claims Blog

Caveat Emptor and Publicly Available Information Doom Real Property Fraud Claims

April 20, 2026

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 …

Appellate Division’s Growing Impatience With Parties Claiming Fraudulent Misrepresentation Refuted By Contract

March 16, 2026

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As I have explained in this Blog, one of the most fundamental elements of a claim for civil fraud is the requirement that the party claiming fraud must have acted reasonably in relying on what it alleges is a misrepresentation …

Fraud Claim Seeking Equitable Remedy Bars Jury Trial Even Though Contractual Jury Waiver Provision was Ineffective

February 28, 2026

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Fraud Claim Seeking Equitable Remedy Bars Jury Trial Even Though Contractual Jury Waiver Provision was Ineffective Many contracts have provisions in which the parties agree to waive the right to trial by jury of any issues or disputes relating to …

Assigning a Contract and Any Accompanying Fraud Claims—Key Language for the Assignment

January 26, 2026

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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 …

Forged Documents Are Void: Third Department Misstates the Law by Incorrectly Limiting the Doctrine to Deeds

January 20, 2026

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“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 …

KEVIN SCHLOSSER

ABOUT THE AUTHOR

NEW YORK FRAUD CLAIMS

Caveat Emptor and Publicly Available Information Doom Real Property Fraud Claims

Appellate Division’s Growing Impatience With Parties Claiming Fraudulent Misrepresentation Refuted By Contract

Fraud Claim Seeking Equitable Remedy Bars Jury Trial Even Though Contractual Jury Waiver Provision was Ineffective

Assigning a Contract and Any Accompanying Fraud Claims—Key Language for the Assignment

Forged Documents Are Void: Third Department Misstates the Law by Incorrectly Limiting the Doctrine to Deeds

KEVIN SCHLOSSER

ABOUT THE AUTHOR

NEW YORK FRAUD CLAIMS

Caveat Emptor and Publicly Available Information Doom Real Property Fraud Claims

Appellate Division’s Growing Impatience With Parties Claiming Fraudulent Misrepresentation Refuted By Contract

Fraud Claim Seeking Equitable Remedy Bars Jury Trial Even Though Contractual Jury Waiver Provision was Ineffective

Assigning a Contract and Any Accompanying Fraud Claims—Key Language for the Assignment

Forged Documents Are Void: Third Department Misstates the Law by Incorrectly Limiting the Doctrine to Deeds

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