Fraudulent Inducement Claims Upheld Because They Related to Misrepresentations of Present Fact Made Before a Contract Was Agreed To
Commercial Case Notes / Fraud/Misrepresentation

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 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

Fraudulent Inducement Claim Fails Where Alleged Misrepresentations Were Contradicted by Agreement’s Terms
Commercial Case Notes / Fraud/Misrepresentation

Fraudulent Inducement Claim Fails Where Alleged Misrepresentations Were Contradicted by Agreement’s Terms

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

Fraud Claim Cannot Be Based on Misrepresentation of Intention to Enter Into or Perform an Agreement
Commercial Case Notes / Contracts / Fraud/Misrepresentation

Fraud Claim Cannot Be Based on Misrepresentation of Intention to Enter Into or Perform an Agreement

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

Fraudulent Inducement Claim Cannot be Based on Alleged Lack of Intention to Perform a Contract
Commercial Case Notes / Contracts / Fraud/Misrepresentation

Fraudulent Inducement Claim Cannot be Based on Alleged Lack of Intention to Perform a Contract

On February 15, 2022, the First Department issued a decision in Rising Sun Constr. L.L.C. v. CabGram Dev. LLC, 2022 NY Slip Op. 00989, holding that a fraudulent inducement claim cannot be based on a party’s alleged intention not to perform a contract . . . Continue reading Fraudulent Inducement Claim Cannot be Based on Alleged Lack of Intention to Perform a Contract

Claim for Fraudulent Inducement Based Upon an Omission Dismissed for Failure to Allege a Fiduciary Relationship
Commercial Case Notes / Fraud/Misrepresentation

Claim for Fraudulent Inducement Based Upon an Omission Dismissed for Failure to Allege a Fiduciary Relationship

On January 27, 2022, Justice Borrok of the New York County Commercial Division issued a decision in HOV Servs., Inc. v. ASG Tech. Group, Inc., 2022 NY Slip Op. 30299(U), dismissing a fraudulent inducement claim based upon an omission for failure to allege a fiduciary relationship . . . Continue reading Claim for Fraudulent Inducement Based Upon an Omission Dismissed for Failure to Allege a Fiduciary Relationship