NEW YORK FRAUD CLAIMS

I have devoted a good amount of commentary on cases in which signed releases are challenged based upon claims of fraud and other alleged questionable circumstances.  See Challenging Releases and Settlements Based on Fraudulent Inducement is a Challenge; Alleged Inability …

As I have chronicled, attempted civil fraud claims are particularly vulnerable to getting dismissed in the early stages of cases if the court finds that the party seeking to claim fraud did not justifiably or reasonably rely on the alleged …

Two recent decisions address, once again, attempts to avoid fully-executed written releases by claiming fraudulent inducement.  Both decisions reversed the court below, with different results.  The Appellate Division, First Department’s decision in Columbia Consultants, LLC v Danucht Entertainment, LLC, 2023 …

A recent decision in the United States District Court for the Southern District of New York granted a motion to dismiss claims attempted to be asserted by a bankruptcy trustee on behalf of the debtor companies against Citibank for the …

If a deed conveying real property is truly forged, the law provides the owner of the property whose signature was forged with robust remedies that can withstand virtually any legal (or equitable) defense.   I have described the definitive consequences of …