NEW YORK FRAUD CLAIMS

Inartful or imprecise language of releases can lead to needless and costly litigation.  The abundance of cases challenging the scope of releases that have been drafted and entered into with the intention of settling disputes underscores how important it is …

In the recent decision in Republic of Kazakhstan v Chapman, 2023 NY Slip Op 03211 (1st Dep’t Decided June 13, 2023), the First Department affirmed the dismissal of claims seeking to vacate an arbitration award based upon allegations of fraud.  …

Jury Trial Procedure Under New York practice, the expression “Be Careful What You Ask For” has special meaning.  Lawyers can find themselves in quite a quandary when they realize that the way they have framed claims or defenses in an …

Two recent decisions of the New York Appellate Division, First Department, address interesting principles concerning damages recoverable for fraud and who has the right to sue for underlying fraudulent conduct:  SureFire Dividend Capture, LP v Industrial & Commercial Bank of …

While the most basic principles of jurisprudence dictate that sympathy should not determine the outcome of a litigated matter, judges, after all, are human beings too.  I have seen many court decisions adjudicating fraud claims that appear to have applied …