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Category: Fraud/Misrepresentation

Fraudulent Inducement Claim Fails for Failure Adequately to Allege Materiality
Commercial Case Notes / Fraud/Misrepresentation

Fraudulent Inducement Claim Fails for Failure Adequately to Allege Materiality

On April 23, 2025, the Second Department issued a decision in Central Ins. Agency, Inc. v. Estate of Marshal R. Korman, 2025 NY Slip Op 02313, holding that a fraudulent inducement claim failed for failure adequately to allege that a misrepresentation was material . . . Continue reading Fraudulent Inducement Claim Fails for Failure Adequately to Allege Materiality

FDCPA Claim Fails for Insufficient Allegations of Damages
Commercial Case Notes / Fraud/Misrepresentation

FDCPA Claim Fails for Insufficient Allegations of Damages

On April 23, 2025, the Second Department issued a decision in Kraus v. Credit Control Servs., Inc., 2025 NY Slip Op. 02336, holding that a FDCPA claim failed for insufficient allegations of damages . . . Continue reading FDCPA Claim Fails for Insufficient Allegations of Damages

Fraud Claim Based on an Insincere Promise to Perform a Contract Dismissed
Commercial Case Notes / Fraud/Misrepresentation

Fraud Claim Based on an Insincere Promise to Perform a Contract Dismissed

On March 18, 2025, the First Department issued a decision in Cedar Capital Mgt. Group Inc v. Lillie, 2025 NY Slip Op. 01569, holding that a fraud claim based on an insincere promise to perform a contract should be dismissed . . . Continue reading Fraud Claim Based on an Insincere Promise to Perform a Contract Dismissed

Fraud Claim Dismissed for Insufficient Allegations of Reasonable Reliance
Commercial Case Notes / Fraud/Misrepresentation

Fraud Claim Dismissed for Insufficient Allegations of Reasonable Reliance

On March 11, 2025, the First Department issued a decision in Imperium Blue Acquisition Partners, LLC v. Marathon Asset Mgt., L.P., 2025 NY Slip Op. 01317, holding that a fraud claim should be dismissed for failure adequately to allege reasonable reliance . . . Continue reading Fraud Claim Dismissed for Insufficient Allegations of Reasonable Reliance

Fraud Claim Dismissed for Insufficient Allegations of Reliance
Commercial Case Notes / Fraud/Misrepresentation

Fraud Claim Dismissed for Insufficient Allegations of Reliance

On February 21, 2025, Justice Patel of the New York County Commercial Division issued a decision in ADP, Inc. v. E. Armada Inc., 2025 NY Slip Op. 30607(U), dismissing a fraud claim for failure adequately to allege reasonable reliance . . . Continue reading Fraud Claim Dismissed for Insufficient Allegations of Reliance

Fraud Claim Time-Barred Because of Plaintiffs’ Failure Diligently to Investigate Claim
Commercial Case Notes / Fraud/Misrepresentation / Statute of Limitation/Laches

Fraud Claim Time-Barred Because of Plaintiffs’ Failure Diligently to Investigate Claim

On January 9, 2025, the First Department issued a decision in Black v. Phoenix Cayman Ltd., 2025 NY Slip Op. 00147, holding that a claim was time-barred because of the Continue reading Fraud Claim Time-Barred Because of Plaintiffs’ Failure Diligently to Investigate Claim

Fraud Claim Cannot be Based on Failure to Keep Promises of Future Performance
Commercial Case Notes / Contracts / Fraud/Misrepresentation

Fraud Claim Cannot be Based on Failure to Keep Promises of Future Performance

On November 14, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Joseph v. Joseph, 2024 NY Slip Op. 34030(U), holding that a fraud claim cannot be based on the failure to keep promises of future performance . . . Continue reading Fraud Claim Cannot be Based on Failure to Keep Promises of Future Performance

Court Rejects Attempt to Assert Commercial Bad Faith Claim Against Auditor
Commercial Case Notes / Fraud/Misrepresentation

Court Rejects Attempt to Assert Commercial Bad Faith Claim Against Auditor

On October 29, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Lateral Inv. Mgt., LLC v. Marcum, LLP, 2024 NY Slip Op. 33865(U), rejecting an attempt to assert a commercial bad faith claim against an auditor . . . Continue reading Court Rejects Attempt to Assert Commercial Bad Faith Claim Against Auditor

A Promise Made Without Intent to Perform Can Support a Claim for Fraud
Commercial Case Notes / Fraud/Misrepresentation

A Promise Made Without Intent to Perform Can Support a Claim for Fraud

On October 3, 2024, the First Department issued a decision in Haart v. Scaglia, 2024 NY Slip Op. 04812, holding that a promise made without the intent to perform can support a claim for fraud . . . Continue reading A Promise Made Without Intent to Perform Can Support a Claim for Fraud

Fraud Damages Can Include Lost Opportunities
Commercial Case Notes / Damages / Fraud/Misrepresentation

Fraud Damages Can Include Lost Opportunities

On August 12, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Denver Wewatta (Co) LLC v. Amtrust Title Ins. Co., 2024 NY Slip Op. 32847(U), holding that damages from fraud can include losses from foregone opportunities . . . Continue reading Fraud Damages Can Include Lost Opportunities

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  • Ancillary Clauses Do Not Make a Guaranty Not an Instrument for the Payment of Money Only
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