NEW YORK FRAUD CLAIMS

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 …

Actual Fraud Extends Statute of Limitations for Breach of Fiduciary Duty Claims In a previous post, I explained that where actual fraud is adequately alleged in a lawsuit, there are many legal accommodations extended to the victim, including affording extra …

Lyft Not Liable for Representations of Safe Service: No Transaction or Loss Causation I have written often about the essential element of justifiable or reasonable reliance in alleging and proving a claim of fraud.  This critical element presents both a …

There are special considerations that apply to fraud claims in connection with real property sale transactions, especially where the buyer is alleging the seller concealed material information about the property.  The doctrine of caveat emptor (let the buyer beware) embodies …