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
On July 21, 2023, Justice Reed of the New York County Commercial Division issued a decision in Merchant Factors Corp. v. Crush Apparel & Accessories Inc., 2023 NY Slip Op. 50755(U), holding that an aiding and abetting fraud claim failed because it was not pled with particularity . . . Continue reading Aid and Abetting Fraud Claim Fails Because Not Pled with Particularity
On July 13, 2023, Justice Reed of the New York County Commercial Division issued a decision in Youyi Chen v. 215 Chrystie Venture, LLC, 2023 NY Slip Op. 50716(U), holding that a promoter has a duty to disclose material facts . . . Continue reading Promoter Has Duty to Disclose Material Facts
On June 29, 2023, Justice Chan of the New York County Commercial Division issued a decision in Emigrant Bus. Credit Corp. v. Hanratty, 2023 NY Slip Op. 32156(U), holding that a fraudulent inducement claim based on statements of present fact was not duplicative of a breach of contract claim . . . Continue reading Fraudulent Inducement Claim Based on Statements of Present Fact Not Duplicative of Contract Claim
On June 29, 2023, the First Department issued a decision in EPAC Tech. Ltd. v. Interforum S.A., 2023 NY Slip Op. 03543, holding that a lack of due diligence bars a fraudulent inducement claim . . . Continue reading Lack of Due Diligence Bars Fraudulent Inducement Claim
On May 23, 2023, Justice Reed of the New York County Commercial Division issued a decision in Harbinger Capital Partners II, LP v. Apollo Global Mgt., LLC, 2023 NY Slip Op. 50503(U), holding that a plaintiff was on inquiry notice of a fraud claim notwithstanding the defendant’s denials . . . Continue reading Plaintiff on Notice of Fraud Claim Notwithstanding Defendant’s Denials
On May 25, 2023, the First Department issued a decision in SureFire Dividend Capture, LP v. Industrial & Commercial Bank of China Fin. Servs. LLC, 2023 NY Slip Op. 02841, holding that a fraud claim relating to a contract or note can be assigned, but that the agreement transferring the claim must show an intent to transfer the claim . . . Continue reading Fraud Claim Relating to a Contract or Note May be Assigned, But Assignment Agreement Must Show Intent to Transfer
