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
