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
On August 25, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Vashovsky v. Zablocki, 2022 NY Slip Op. 32925(U), refusing to dismiss fraudulent inducement claims based on misrepresentations of present fact made before a contract was entered into . . . Continue reading Fraudulent Inducement Claims Upheld Because They Related to Misrepresentations of Present Fact Made Before a Contract Was Agreed To
On August 25, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Zomongo.TV USA Inc. v. Capital Advance Servs., LLC, 2022 NY Slip Op. 32928(U), holding that a fraud claim could not be based on alleged perjury . . . Continue reading Fraud Claim Cannot be Based on Alleged Perjury
On August 5, 2022, Justice Boddie of the Kings County Commercial Division issued a decision in Barnard v. Eichler, 2022 NY Slip Op. 32811(U), dismissing a fraud claim as duplicative of a breach of contract claim . . . Continue reading Fraud Claim Dismissed as Duplicative of Breach of Contract Claim
On August 4, 2022, Justice Borrok of the New York County Commercial Division issued a decision in W Mgt. Servs. Ltd. v. Fanning, 2022 NY Slip Op. 32637(U), dismissing a fraudulent inducement defense on summary judgment where the alleged misrepresentation was contradicted by the terms of the parties’ agreement . . . Continue reading Fraudulent Inducement Claim Fails Where Alleged Misrepresentations Were Contradicted by Agreement’s Terms
On July 4, 2022, Justice Masley of the New York County Commercial Division issued a decision in PMC Fin. Servs. Group, LLC v. Nations Equip. Fin., LLC, 2022 NY Slip Op. 32097(U), dismissing a fraudulent inducement claim for lack of due diligence . . . Continue reading Fraudulent Inducement Claim Dismissed Because of Plaintiff’s Lack of Due Diligence
On June 23, 2022, the First Department issued a decision in Chadha v. Wahedna, 2022 NY Slip Op. 04089, holding that a fraud claim failed for lack of reasonable reliance . . . Continue reading Fraud Claim Fails Because Reliance on Alleged Misrepresentations was not Reasonable
On May 3, 2022, the First Department issued a decision in 644 E. 14th Realty LLC v. Mount Sinai Health Sys., Inc., 2022 NY Slip Op. 02938, holding that a fraud claim cannot be based on a misrepresentation of an intention to enter into or perform an agreement . . . Continue reading Fraud Claim Cannot Be Based on Misrepresentation of Intention to Enter Into or Perform an Agreement
On April 7, 2022, the First Department issued a decision in International Business Machs. Corp. v. GlobalFoundries U.S. Inc., 2022 NY Slip Op. 02341, holding that fraudulent inducement and breach of contract claims were not duplicative . . . Continue reading Fraudulent Inducement and Breach of Contract Claims Not Duplicative
