NEW YORK FRAUD CLAIMS

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 …

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.  …