Category: Fraud/Misrepresentation

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

On November 8, 2023, the Second Department issued a decision in Multani v. Castlepoint Ins. Co., 2023 NY Slip Op. 05614, holding that a GBL claim failed for lack of a broad impact on consumers at large . . . Continue reading GBL Claim Fails for Lack of Broad Impact on Consumers at Large

On October 24, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Lapin v. Verner, 2023 NY Slip Op. 33774(U), holding that a fraud claim cannot be based on a representation that an investment would be conservative . . . Continue reading Fraud Claim Cannot be Based on Representation That an Investment Would be Conservative

On October 24, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Gabriel v. 1580 President LLC, 2023 NY Slip Op. 33773(U), dismissing a fraud claim based on an alleged oral promise to guaranty of loan . . . Continue reading Fraud Claim Based on Alleged Oral Agreement to Guaranty Loan Dismissed

On October 17, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in TC Servs. USA Inc. v. Ideal Home Health Inc., 2023 NY Slip Op. 33635(U), dismissing a fraudulent inducement claim for lack of due diligence . . . Continue reading Fraudulent Inducement Claim Fails for Lack of Due Diligence

On September 18, 2023, Justice Masley of the New York County Commercial Division issued a decision in Schupak v. Arozamena, 2023 NY Slip Op. 33235(U), holding that a no oral representations clause barred a fraudulent inducement claim . . . Continue reading No Oral Representations Clause Bars Fraudulent Inducement Claim

On September 13, 2023, the Second Department issued a decision in Abraham v. Torati, 2023 NY Slip Op. 04561, affirming the dismissal of a GBL 349 claim for lack of allegations of public harm . . . Continue reading GBL 349 Claim Dismissed for Lack of Allegations of Public Harm

On August 3, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Lapin v. Verner, 2023 NY Slip Op. 32726(U), dismissing a fraud claim for failure specifically to allege misrepresentations by the defendant . . . Continue reading Fraud Claim Dismissed for Failure Specifically to Allege Misrepresentations by the Defendant

On August 7, 2023, Justice Reed of the New York County Commercial Division issued a decision in Cedar Capital Mgt. Group Inc. v. Lillie, 2023 NY Slip Op. 50831(U), dismissing an aiding and abetting fraud claim for failure to plead actual knowledge of, or substantial assistance to, the fraud with particularity . . . Continue reading Aiding and Abetting Fraud Claim Dismissed for Failure to Plead Actual Knowledge or Substantial Assistance With Particularity

On July 15, 2023, Justice Masley of the New York County Commercial Division issued a decision in DIRECTV, LLC v. Nexstar Broadcasting, Inc., 2023 NY Slip Op. 32446(U), upholding a fraud claim for failure to disclose based on the special facts doctrine . . . Continue reading Court Upholds Fraud Claim for Failure to Disclose Based on Special Facts Doctrine