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
On November 28, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Google LLC v. Dr Globaltech, Inc., 2025 NY Slip Op. 34627(U), dismissing a fraud counterclaim based the plaintiff’s alleged misrepresentation of its financial condition for lack of reasonable reliance because the plaintiff’s finances were disclosed to the public . . . Continue reading Fraud Counterclaim Based on Misrepresentation of Financial Condition Dismissed For Lack of Reasonable Reliance Because Plaintiff’s Finances Were Disclosed to Public
On November 18, 2025, the First Department issued a decision in Sire Spirits, LLC v. Beam Suntory, Inc., 2025 NY Slip Op. 06297, holding that a plaintiff could not claim lost profits in connection with a fraud claim . . . Continue reading Plaintiff Cannot Claim Lost Profits in Fraud Claim
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
On September 30, 2025, Justice Borrok of the New York County Commercial Division issued a decision in Murphy v. PHG Funding LLC, 2025 NY Slip Op. 33671(U), dismissing a fraud claim for lack of allegation of reliance . . . Continue reading Fraud Claim Fails for Lack of Reliance
On August 13, 2025, Justice Patel of the New York County Commercial Division issued a decision in Sotheby’s Intl. Realty, Inc. v. Waterbury, 2025 NY Slip Op. 33109(U), dismissing a Continue reading Fraud Counterclaim Dismissed for Failure Adequately to Allege Reasonable Reliance
On July 24, 2025, Justice Chan of the New York County Commercial Division issued a decision in SensorTower, Inc. v. Similarweb Ltd., 2025 NY Slip Op. 32998(U), holding that a specific disclaimer barred a counterclaim for fraudulent inducement . . . Continue reading Specific Disclaimer Barred Fraudulent Inducement Counterclaim
On August 27, 2025, the Second Department issued a decision in Trepeta v. Mobiquity Tech., Inc., 2025 NY Slip Op. 04806, holding that a fraudulent inducement claim failed for lack of due diligence by the plaintiff . . . Continue reading Fraudulent Inducement Claim Fails for Lack of Due Diligence
