NEW YORK FRAUD CLAIMS

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 …

A new decision of the Appellate Division, Second Department, relies upon two established principles the courts apply when determining attempts to avoid signed releases: (1) Releases of claims are not lightly disregarded; and (2) Failing to understand a contract one …

Businesses and individuals located in the State of New York who are defrauded by those located entirely outside New York may not have the right to sue those wrongdoers in any of the state or federal courts sitting in New …