On January 24, 2023, Justice Livote of the Queens County Commercial Division issued a decision in Simply Funding, LLC v. Brainwave Personal Computing, LLC, 2023 NY Slip Op. 30261(U), dismissing a GBL 349 claim because the alleged misconduct was not consumer-oriented . . . Continue reading GBL 349 Claim Dismissed Because Alleged Misconduct Was Not Consumer-Oriented
On January 10, 2023, Justice Masley of the New York County Commercial Division issued a decision in Lola Unlimited LLC v. KME Holdings LLC, 2023 NY Slip Op. 30172(U), dismissing a fraud claim due to the plaintiff’s failure to exercise due diligence . . . Continue reading Fraud Claim Dismissed Due to Plaintiff’s Failure to Exercise Due Diligence
On January 19, 2023, the First Department issued a decision in HOV Servs., Inc. v. ASG Tech. Group, Inc., 2023 NY Slip Op. 00237, holding that a plaintiff could not assert a fraudulent inducement claim based on an omission when the defendant had no duty to the plaintiff . . . Continue reading Fraudulent Inducement Claim Based on Omission Fails for Lack of Duty to Plaintiff
On December 8, 2022, the First Department issued a decision in 100 & 130 Biscayne, LLC v. EE NWT OM, LLC, 2022 NY Slip Op. 06985, holding that the special relationship upon which a negligent misrepresentation claim is based must exist before the alleged misrepresentation is made . . . Continue reading Negligent Misrepresentation Claim Fails When Alleged Special Relationship Arises as Part of Transaction in Which Misrepresentation Was Made
On November 2, 2022, the Second Department issued a decision in Feldman v. Byrne, 2022 NY Slip Op. 06113, holding that a negligent misrepresentation claim failed for lack of allegations of a special relationship between the parties . . . Continue reading Negligent Misrepresentation Claim Fails for Lack of Allegations of a Special Relationship
On October 17, 2022, Justice Cohen of the New York County Commercial Division issued a decision in G-Z/10 UNP Realty, LLC v. SLCE Architects, LLP, 2022 NY Slip Op. 33538(U), dismissing a negligent misrepresentation claim for failure to allege a special relationship between the parties . . . Continue reading Negligent Misrepresentation Claim Fails for Lack of Special Relationship
On October 19, 2022, the Second Department issued a decision in Transcan Sys., Inc. v. Seldat Distrib., Inc., 2022 NY Slip Op. 05881, holding that a plaintiff can assert both contract and fraud claims when the fraud claim is based on misrepresentations that are collateral to the contract . . . Continue reading Plaintiff Can Assert Both Contract and Fraud Claims When Fraud Claim is Based on Misrepresentations Collateral to the Contract
On September 29, 2022, Justice Chan of the New York County Commercial Division issued a decision in Board of Mgrs. of 87-89 Leonard St. Condominium v. Leonard St. Owner, LLC, 2022 NY Slip Op. 33275(U), holding that condo offering plan disclaimers are not enforceable with respect to facts only within the sponsor’s knowledge . . . Continue reading Condo Offering Plan Disclaimers Unenforceable With Respect to Facts Only Within Sponsor’s Knowledge
On September 29, 2022, Justice Boddie of the Kings County Commercial Division issued a decision in Harel Alternative Real Estate L.P. v. All Brooklyn Mgt. LLC, 2022 NY Slip Op. 50959(U), holding that a fraud claim cannot be based on misrepresentations that were not made to the plaintiff . . . Continue reading Fraud Claim Cannot be Based on Misrepresentations Not Made to Plaintiff
On September 29, 2022, the First Department issued a decision in Beckman Coulter, Inc. v. Jabil Circuit Inc., 2022 NY Slip Op. 05367, holding that conclusory allegations that financial statements were falsified are an insufficient basis for a fraud claim . . . Continue reading Conclusory Allegations of Misrepresentations Insufficient Basis for Fraud Claim
