NEW YORK FRAUD CLAIMS

During the course of my forty years in practice, I have seen a lot of pleadings that throw in all kinds of allegations of false statements or other claimed “fraudulent” conduct seeking to formulate a cause of action for the …

As I have explained, the cause of action for fraud affords a host of powerful remedies to the victims of fraudulent conduct.  See, e.g., What Do Fraud and Spiderman Have in Common? With Great Power Comes Great Responsibilities. One of …

A new decision in the United States District Court for the Southern District of New York raises an interesting nuance in how the courts view and articulate the elements of a cause of action known as “negligent misrepresentation.”  The decision …

A new, comprehensive, Appellate Division, Second Department decision confirms that the element of “intent” is not required for the remedy of rescission, and also adds other favorable commentary to sustain the subject fraud claim.  The decision was in the case …

In the recent decision of the Appellate Division, Second Department, in New Hackensack Realty, LLC v Lawrence Dev. Realty, LLC, 2024 NY Slip Op 01933 (2d Dep’t Decided April 10, 2024), the court addressed two reoccurring subjects: (1) whether representations …