NEW YORK FRAUD CLAIMS

There are a host of legal obstacles to trying to assert a fraud claim against banks for the acts of others, whether they are the banks’ customers, borrowers, or simply in the chain of funds transfers.  I have chronicled many …

I have commented frequently on the critical role of the element of justifiable reliance on the cause of action for fraud.  See, e.g., the Topic “Justifiable/Reasonable Reliance.”  In fact, I have shown that fraud claims can and should be summarily …

An unfortunate yet all too frequent dilemma for victims of fraud is how to obtain adequate compensation when the actual fraudsters over which claims of fraud are entirely provable are judgment-proof and have no identifiable assets from which to recover …

In a previous post, Distinctions in Claims of “Fraud on the Court,” Common Law Fraud and Judiciary Law 487, I outlined the basic principles underlying various claims that are typically referred to under the rubric of “fraud on the court.”  …

Here we go again. The intersection between the causes of action for fraud and breach of contract was traversed again in the recent decision of the Appellate Division, First Department, in New York City Waterfront Dev. Fund II, LLC v …