NEW YORK FRAUD CLAIMS

A year ago, I reported on a New York County Supreme Court decision denying a defendant law firm’s motion to dismiss fraud and misrepresentation claims that were based upon the law firm’s alleged misrepresentation to the client that it had …

In an August 31, 2019 post, “Breach of Contractual Warranty Also Amounts to Fraud,” I addressed an important aspect of the law of fraud involving the interplay between breach of contract and fraud. While many decisions indicate that a fraud …

In my last post, I reviewed two Appellate Division, Second Department decisions rendered on the same day that came out with different results as to whether fraud claims should be summarily dismissed based upon the lack of justifiable reliance. I …

Justifiable reliance is obviously a key element of the cause of action for fraud and misrepresentation. See, e.g., New York High Court Reinforces Justifiable Reliance and Loss Causation in Fraud.  Courts are not, however, particularly consistent in assessing whether the …

As anyone who has read this blog knows, or as can be gleaned from a review of the “View All Posts”  tab, I have compiled a comprehensive collection of cases showing that courts straddle both sides of the fence when …