On March 21, 2026, Justice Masley of the New York County Commercial Division issued a decision in Enterprise v. Shvo, 2026 NY Slip Op. 31129(U), holding that a fraud claim cannot be based on a statement of intention to act in the future . . . Continue reading Fraud Claim Cannot be Based on Intentions to Act in the Future
On February 24, 2026, Justice Crane of the New York County Commercial Division issued a decision in A Participations Ltd. v. Velissaris, 2026 NY Slip Op. 30684(U), dismissing fraud claim because of impermissible group pleading . . . Continue reading Fraud Claim Dismissed Because of Impermissible Group Pleading
On March 4, 2026, the Second Department issued a decision in Michael Gangi Plumbing & Heating Contrs., Inc. v. World Bus. Lenders, 2026 NY Slip Op. 01194, holding that a fraud claim cannot be based on a misrepresentation that the plaintiff could with due diligence have determined was false . . . Continue reading Fraud Claim Cannot be Based on Misrepresentation That The Plaintiff Could With Due Diligence Have Determined Was False
On January 25, 2026, Justice Masley of the New York County Commercial Division issued a decision in Psalms Creative, LLC v. Beacon Inv. Holdings LLC, 2026 NY Slip Op. 30295(U), holding that a fraud claim based on an alleged misrepresentation of contractual compliance failed because it was duplicative of a breach of contract claim, but that a fraud claim alleging misrepresentations made to induce a party to enter into a contract survived . . . Continue reading Alleged Misrepresentation of Contractual Compliance Fails, But Claim Alleging Misrepresentations to Induce Party to Enter Into Contract Survive
On January 27, 2026, Justice d’Auguste of the New York County Commercial Division issued a decision in Ace Group 11, Inc. v. All State Constr. R Us, Inc., 2026 NY Slip Op. 30337(U), dismissing a fraud claim for lack of sufficient factual allegations . . . Continue reading Fraud Claim Fails for Lack of Sufficient Factual Allegations
On January 29, 2026, the First Department issued a decision in Milne Travel Agency, Inc. v. Altour Del., LLC, 2026 NY Slip Op. 00426, holding that a fraud claim was untimely because the plaintiff failed to sue within two years of being on inquiry notice of the fraud . . . Continue reading Fraud Claim Untimely Because Plaintiff Failed to Sue Within Two Years of Being on Inquiry Notice of the Fraud
On January 5, 2026, Justice Masley of the New York County Commercial Division issued a decision in Bank of India, N.Y. Branch v. Anaya Gems, Inc., 2026 NY Slip Op. 30029(U), dismissing a RICO claim for failure adequately to allege a RICO enterprise . . . Continue reading RICO Claim Dismissed for Failure Adequately to Allege a RICO Enterprise
On December 8, 2025, Justice Patel of the New York County Commercial Division issued a decision in Castleman v. Interactive Brokers LLC, 2025 NY Slip Op. 34694(U), holding that a receiver’s claims were barred by the in pari delicto doctrine . . . Continue reading Receiver’s Claims Barred by In Pari Delicto Doctrine
On October 2, 2025, Justice Platkin of the Albany County Commercial Division issued a decision in Peckham Asphalt Resale Corp. v. Gorman, 2025 NY Slip Op. 52063(U), holding that a fraudulent inducement claim was barred by a merger clause . . . Continue reading Fraudulent Inducement Claim Barred by Merger Clause
On September 10, 2025, Justice Platkin of the Albany County Commercial Division issued a decision in Crane v. WP Strategic Holdings, LLC, 2025 NY Slip Op. 52064(U), holding that a fraud claim against an alleged fiduciary failed for lack of reasonable reliance . . . Continue reading Fraud Claim Against Alleged Fiduciary Fails for Lack of Reasonable Reliance
