Fraud/Misrepresentation – Page 6

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

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

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

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

On January 12, 2022, Justice Masley of the New York County Commercial Division issued a decision in Frosch Intl. Travel, Inc. v. Botbol, 2022 NY Slip Op. 30216(U), holding that an employee’s pre-hiring claims of business skills could not serve as the basis for a frau claim . . . Continue reading Fraud Claim Cannot be Based on an Employee’s Pre-Hiring Claims of Business Abilities

On December 22, 2021, Justice Cohen of the New York County Commercial Division issued a decision in 100 & 130 Biscayne LLC v. EE NWT OM, LLC, 2021 NY Slip Op. 32775(U), dismissing a fraudulent inducement claim based on predictions, expectations and future performance . . . Continue reading Fraudulent Inducement Claim Based on Predictions, Expectations, and Future Performance Dismissed

On November 23, 2021, the First Department issued a decision in DirectTV, LLC v. Nexstar Broadcasting, Inc., 2021 NY Slip Op. 06539, holding that a fraud claim can be based on a misleading partial disclosure . . . Continue reading A Misleading Partial Disclosure can be Actionable as Fraud