Fraud Claim Duplicative of Contract Claim When it is Based on Alleged Misrepresentation of Intention to Perform Terms of Contract
Commercial Case Notes / Fraud/Misrepresentation

Fraud Claim Duplicative of Contract Claim When it is Based on Alleged Misrepresentation of Intention to Perform Terms of Contract

On January 23, 2024, the First Department issued a decision in Eastern Effects, Inc. v. 3911 Lemmon Ave. Assoc., LLC, 2024 NY Slip Op. 00268, holding that a fraud claim was duplicative of a contract claim when it was based on an alleged misrepresentation of the intention to perform the terms of the contract . . . Continue reading Fraud Claim Duplicative of Contract Claim When it is Based on Alleged Misrepresentation of Intention to Perform Terms of Contract

New Claims Relate Back Because Original Complaint Described Transactions and Occurrences Upon Which New Causes of Action Were Based
Commercial Case Notes / Statute of Limitation/Laches

New Claims Relate Back Because Original Complaint Described Transactions and Occurrences Upon Which New Causes of Action Were Based

On January 10, 2024, Justice Masley of the New York County Commercial Division issued a decision in Lazar v. Mor, 2024 NY Slip Op. 30128(U), holding that claims in an amended complaint related back to the original complaint because the original complaint described the transactions and occurrences upon which the new causes of action were based . . . Continue reading New Claims Relate Back Because Original Complaint Described Transactions and Occurrences Upon Which New Causes of Action Were Based

Negligent Misrepresentation Claim Adequately Alleged Against Investment Manager Despite Lack of Fiduciary Duty
Commercial Case Notes / Fraud/Misrepresentation

Negligent Misrepresentation Claim Adequately Alleged Against Investment Manager Despite Lack of Fiduciary Duty

On January 10, 2024, Justice Crane of the New York County Commercial Division issued a decision in YS GM Marfin II LLC v. Four Wood Capital Advisors, LLC, 2024 NY Slip Op. 30166(U), holding that a negligent misrepresentation claim was adequately alleged against an investment manager even though the manager was not a fiduciary . . . Continue reading Negligent Misrepresentation Claim Adequately Alleged Against Investment Manager Despite Lack of Fiduciary Duty

Tortious Interference with Prospective Advantage Claim Fails for Failure Adequately to Allege Malicious or Wrongful Conduct
Commercial Case Notes / Tortious Interference

Tortious Interference with Prospective Advantage Claim Fails for Failure Adequately to Allege Malicious or Wrongful Conduct

On December 20, 2023, Justice Platkin of the Albany County Commercial Division issued a decision in Gujral v. Anesthesia Group of Albany, P.C., 2023 NY Slip Op. 51452(U), holding that a tortious interference with prospective advantage claim failed for failure adequately to allege malicious or wrongful conduct . . . Continue reading Tortious Interference with Prospective Advantage Claim Fails for Failure Adequately to Allege Malicious or Wrongful Conduct

Court May Not Grant Renewal if There is No Justification for Failing to Present Evidence
Commercial Case Notes / Reconsideration/Renewal/Reargument

Court May Not Grant Renewal if There is No Justification for Failing to Present Evidence

On January 17, 2024, the Second Department issued a decision in Sutton v. Syla, 2024 NY Slip Op. 00204, holding that a court may not grant renewal if there is no justification for failing earlier to present the evidence upon which the motion for renewal was based . . . Continue reading Court May Not Grant Renewal if There is No Justification for Failing to Present Evidence