Fraudulent Inducement Claim Fails When Agreement Makes No False Representations and Makes Clear That Not All Material Information is Being Disclosed
Commercial Case Notes / Contracts / Fraud/Misrepresentation

Fraudulent Inducement Claim Fails When Agreement Makes No False Representations and Makes Clear That Not All Material Information is Being Disclosed

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

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
Commercial Case Notes / Fraud/Misrepresentation

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

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