Fraud Claim Survives Dismissal for Lack of Due Diligence Because of Application of the Special Facts Doctrine
Commercial Case Notes / Fraud/Misrepresentation

Fraud Claim Survives Dismissal for Lack of Due Diligence Because of Application of the Special Facts Doctrine

On September 26, 2025, Justice Patel of the New York County Commercial Division issued a decision in Leinhardt v. Socure, Inc., 2025 NY Slip Op. 33670(U), holding that a fraud claim survived dismissal for lack of due diligence because of the application of the special facts doctrine . . . Continue reading Fraud Claim Survives Dismissal for Lack of Due Diligence Because of Application of the Special Facts Doctrine

Defendant’s Denial of Receipt of Service Was Insufficiently Specific to Justify Traverse Hearing
Commercial Case Notes / Service of Process

Defendant’s Denial of Receipt of Service Was Insufficiently Specific to Justify Traverse Hearing

On October 8, 2025, the Second Department issued a decision in Quicksilver Capital, LLC v. Dixon Fin. Servs., LLC, 2025 NY Slip Op. 05545, holding that a defendant’s denial of receipt of service was insufficiently specific to justify holding a traverse hearing . . . Continue reading Defendant’s Denial of Receipt of Service Was Insufficiently Specific to Justify Traverse Hearing

Arbitrator’s Prior Representation of a Party Insufficient, Without Evidence of Bias, to Justify Vacating Award
Arbitration, Mediation and Other ADR / Commercial Case Notes

Arbitrator’s Prior Representation of a Party Insufficient, Without Evidence of Bias, to Justify Vacating Award

On October 7, 2025, the First Department issued a decision in Matter of Cuomo v. JAMS, Inc., 2025 NY Slip Op. 05454, holding that an arbitrator’s prior representation of a party, without evidence of bias, was insufficient to justify vacating an award . . . Continue reading Arbitrator’s Prior Representation of a Party Insufficient, Without Evidence of Bias, to Justify Vacating Award