Claim for Negligent Misrepresentation Dismissed for Failure to Allege Sufficiently Close Relationship Between the Parties
Commercial Case Notes / Fraud/Misrepresentation

Claim for Negligent Misrepresentation Dismissed for Failure to Allege Sufficiently Close Relationship Between the Parties

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

Fraud Claim Based on Misrepresentation Regarding Contract Performance Dismissed as Duplicative of Contract Claim
Commercial Case Notes / Contracts / Fraud/Misrepresentation

Fraud Claim Based on Misrepresentation Regarding Contract Performance Dismissed as Duplicative of Contract Claim

On April 16, 2024, the First Department issued a decision in Ho v. Star Contrs., Inc., 2024 NY Slip Op. 02014, holding that a fraud claim based on alleged misrepresentations regarding the performance of a contract should be dismissed as duplicative of a breach of contract claim . . . Continue reading Fraud Claim Based on Misrepresentation Regarding Contract Performance Dismissed as Duplicative of Contract Claim

Joint Venturer’s Agreement to Seek Funding Does Not Create a Special Relationship
Commercial Case Notes / Fraud/Misrepresentation

Joint Venturer’s Agreement to Seek Funding Does Not Create a Special Relationship

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

Fraud Claim Duplicative of Contract Claim When it is Based on Alleged Misrepresentation of Intention to Perform Terms of Contract
Commercial Case Notes / Fraud/Misrepresentation

Fraud Claim Duplicative of Contract Claim When it is Based on Alleged Misrepresentation of Intention to Perform Terms of Contract

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

Negligent Misrepresentation Claim Adequately Alleged Against Investment Manager Despite Lack of Fiduciary Duty
Commercial Case Notes / Fraud/Misrepresentation

Negligent Misrepresentation Claim Adequately Alleged Against Investment Manager Despite Lack of Fiduciary Duty

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