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
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
