NEW YORK FRAUD CLAIMS

As I summarized in an earlier post, fraud claims can and should be dismissed at the pleadings stage when the element of “reasonable reliance” is shown to be lacking.  The Appellate Division, Second Department, recently affirmed that principle in Sammy …

Is it possible that a party who was represented by an attorney in a transaction, who later claims it was fraudulently induced to enter into that transition, could waive its attorney-client privilege as to advice the attorney gave about the …

I have observed that the more reprehensible the alleged underlying fraud, the more likely it is that courts will accept even less than artfully-pleaded elements of the fraud.  A review of the cases upon which I comment in this blog …

In my prior post, What Do Fraud and Spiderman Have in Common? With Great Power Comes Great Responsibilities, I explained the extraordinary remedies and demanding requirements applicable to the tort of fraud.  A “tort” is a judge-made cause of action …

Aiding and Abetting Fraud Those who do not actually perpetrate a fraud can be liable for assisting others in committing that fraud.  The separate cause of action in such circumstances is known as “aiding and abetting fraud.”  In Betz v …