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
On November 4, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in Arco Acquisitions, LLC v. Tiffany Plaza LLC, 2021 NY Slip Op. 51039(U), holding that disclaimers in a purchase agreement barred a fraud claim . . . Continue reading Disclaimer Bars Fraud Claim
On December 2, 2021, the First Department issued a decision in Kim v. XP Sec., LLC, 2021 NY Slip Op. 06764, holding that a merger clause defeated a fraudulent inducement claim . . . Continue reading Merger Clause Defeats Fraudulent Inducement Claim
On October 5, 2021, the First Department issued a decision in Silver Point Capital Fund, L.P. v. Riviera Resources, Inc., 2021 NY Slip Op. 05312, holding that a fraudulent inducement claim fails when the agreement on which it is based makes no misrepresentations and makes clear that not all material information is being disclosed . . . Continue reading Fraudulent Inducement Claim Fails When Agreement Makes No False Representations and Makes Clear That Not All Material Information is Being Disclosed
On June 17, 2021, Justice Colaiacovo of the Erie County Commercial Division issued a decision in Thrill 13014, LLC v. Finger Lakes Fire & Cas. Co., 2021 NY Slip Op. 32020(U), holding that a complaint alleging fraud in the issuance of insurance policies alleged to have been made with many members of the public failed to state a claim under GBL 349 because the claims still were a private dispute . . . Continue reading GBL 349 Claim Dismissed as a Private Dispute Even Though it Related to Insurance Policies Alleged to Have Been Made With Many Members of the Public
