On January 27, 2026, Justice d’Auguste of the New York County Commercial Division issued a decision in Ace Group 11, Inc. v. All State Constr. R Us, Inc., 2026 NY Slip Op. 30337(U), dismissing a fraud claim for lack of sufficient factual allegations . . . Continue reading Fraud Claim Fails for Lack of Sufficient Factual Allegations
On January 29, 2026, the First Department issued a decision in Milne Travel Agency, Inc. v. Altour Del., LLC, 2026 NY Slip Op. 00426, holding that a fraud claim was untimely because the plaintiff failed to sue within two years of being on inquiry notice of the fraud . . . Continue reading Fraud Claim Untimely Because Plaintiff Failed to Sue Within Two Years of Being on Inquiry Notice of the Fraud
On January 5, 2026, Justice Masley of the New York County Commercial Division issued a decision in Bank of India, N.Y. Branch v. Anaya Gems, Inc., 2026 NY Slip Op. 30029(U), dismissing a RICO claim for failure adequately to allege a RICO enterprise . . . Continue reading RICO Claim Dismissed for Failure Adequately to Allege a RICO Enterprise
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
