On February 21, 2024, the Second Department issued a decision in Franklin D. Nastasi Trust v. Bloomberg, L.P., 2024 NY Slip Op. 00892, dismissing a fraud claim for insufficient allegations of due diligence . . . Continue reading Fraud Claim Dismissed for Insufficient Allegations of Due Diligence
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
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
On January 10, 2024, Justice Masley of the New York County Commercial Division issued a decision in Success Academy Charter Schs., Inc. v. Liberty Sq. Realty Corp., 2024 NY Slip Op. 30129(U), holding that a fraudulent inducement claim fails for lack of reasonable reliance . . . Continue reading Fraudulent Inducement Claim Fails for Lack of Reasonable Reliance
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
On January 4, 2024, the First Department issued a decision in Chan v. Havemeyer Holdings LLC, 2024 NY Slip Op. 00020, illustrating the implications of fiduciary obligations on a fraud claim . . . Continue reading Decision Illustrates Implications of Fiduciary Obligations on Fraud Claim
On December 23, 2023, Justice Cohen of the New York County Commercial Division issued a decision in O’Connor v. Society Pass Inc., 2023 NY Slip Op. 34535(U), holding that a fraudulent inducement claim must be based on statements of fact, not opinions . . . Continue reading Fraudulent Inducement Claim Must Be Based on Statements of Fact, Not Opinions
On December 22, 2023, the Fourth Department issued a decision in 2006905 Ontario Inc. v. Goodrich Aerospace Can., Ltd., 2023 NY Slip Op. 06681, holding that a negligent misrepresentation claim failed for lack of a special relationship between the parties . . . Continue reading Negligent Misrepresentation Claim Fails for Lack of Special Relationship
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
On November 13, 2023, Justice Chan of the New York County Commercial Division issued a decision in WarnerMedia Direct, LLC v. Paramount Global, 2023 NY Slip Op. 34025(U), dismissing a GBL 349 claim because the allegations related to defrauding a contractual counterparty, not the public . . . Continue reading GBL Claim Fails Because Allegations Related to Defrauding a Contractual Counterparty, Not the Public
