Joint Venturer’s Agreement to Seek Funding Does Not Create a Special Relationship

Joint Venturer’s Agreement to Seek Funding Does Not Create a Special Relationship

On February 5, 2024, Justice Borrok of the New York County Commercial Division issued a decision in One Riv. Run Acquisition, LLC v. Milde, 2024 NY Slip Op. 30403(U), holding that a joint venturer’s agreement to seek funding does not create a special relationship . . . Continue reading Joint Venturer’s Agreement to Seek Funding Does Not Create a Special Relationship

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

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

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

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

Court Rejects Claim that Plaintiff Was Fraudulently Induced to Enter Into a Settlement Agreement

Court Rejects Claim that Plaintiff Was Fraudulently Induced to Enter Into a Settlement Agreement

On December 14, 2023, the First Department issued a decision in Columbia Consultants, LLC v. Danucht Entertainment, LLC, 2023 NY Slip Op. 06439, rejecting a claim that a plaintiff was fraudulently induced to enter into a settlement agreement . . . Continue reading Court Rejects Claim that Plaintiff Was Fraudulently Induced to Enter Into a Settlement Agreement