NEW YORK FRAUD CLAIMS

Overturning an agreement to arbitrate by claiming fraudulent inducement is not easy or straightforward.  I have explained the analysis applied by the New York State Courts in a number of posts.  See,e.g., Special Rules for Nullifying Arbitration Agreements for Alleged …

I have written often about the essential element of justifiable reliance for fraud claims, and the firmly-established case law endorsing the dismissal of a claim for fraud because justifiable reliance was not adequately pled. Last month, I did my part …

Two years ago, I commented on a decision of the Appellate Division, First Department, in which the Court inartfully and, frankly, incorrectly, commented that “the issue of reasonable reliance is not subject to summary disposition … .” I demonstrated that …

Two recent decisions underscore the prominent role that publicly-available information and due diligence have on issues concerning the accrual of the statute of limitations over actual fraud claims and the element of justifiable reliance in establishing fraud. My introduction to …

The New York Civil Practice Law and Rules explicitly allow parties to allege claims or positions that may be contradictory, conflicting or even duplicative.  In fact, there are two provisions of the CPLR that address that authority: CPLR 3014, often …