On June 3, 2025, the First Department issued a decision in Skyview Capital, LLC v. Conduent Business Servs., LLC, 2025 NY Slip Op. 03291, holding that a fraud claim failed for lack of reasonable reliance based on due diligence . . . Continue reading Fraud Claim Fails for Lack of Due Diligence
On May 28, 2025, the Second Department issued a decision in Lapin v. Verner, 2025 NY Slip Op. 03184, holding that a fraud claim based on omissions failed for insufficiently alleging materiality or a duty to disclose . . . Continue reading Fraud Claim Based on Omissions Failed for Insufficient Allegations of Materiality or a Duty to Disclose
On May 6, 2025, the First Department issued a decision in Burden v. Pamplona Capital Mgt. LLP, 2025 NY Slip Op. 02716, holding that fraud damages cannot include lost profits . . . Continue reading Fraud Damages Cannot Include Lost Profits
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
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
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
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
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
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
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
