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
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
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
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
On July 12, 2024, Justice Chan of the New York County Commercial Division issued a decision in New Legend Debt by Meitav Dash L.P. v. Sam & Kate Prod., LLC, 2024 NY Slip Op. 32648(U), dismissing a claim for negligent misrepresentation for failure to allege a sufficiently close relationship between the plaintiff and the defendant . . . Continue reading Claim for Negligent Misrepresentation Dismissed for Failure to Allege Sufficiently Close Relationship Between the Parties
On May 16, 2024, Justice Crane of the New York County Commercial Division issued a decision in A Participations Ltd. V. Infinity Q Capital Mgmt. LLC, 2024 NY Slip Op. 31788(U), dismissing a fraud claim against an auditor for failure adequately to allege scienter . . . Continue reading Fraud Claim Against Auditor Dismissed for Failure Adequately to Allege Scienter
On May 28, 2024, the First Department issued a decision in Cimen v. HQ Capital Real Estate L.P., 2024 NY Slip Op. 02888, dismissing fraud claims based on future performance . . . Continue reading Fraud Claims Based on Future Performance Fail
