A claim for fraud requires “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages.” In First Trinity Life Ins. Co. v. Advance Funding...more
6/3/2025
/ Appeals ,
Appellate Courts ,
Business Litigation ,
Fraud ,
Insurance Litigation ,
Jurisdiction ,
Lottery ,
Misrepresentation ,
New York ,
Scienter ,
Summary Judgment
Under New York law, written agreements are construed in accordance with the parties’ intent. “The best evidence of what parties to a written agreement intend is what they say in their writing.” As such, “a written agreement...more
1/14/2025
/ Appeals ,
Assignments ,
Breach of Contract ,
Contract Interpretation ,
Contract Modification ,
Contract Terms ,
Evidence ,
Litigation Strategies ,
New York ,
Statutory Interpretation ,
Written Agreements
The justifiable reliance element has been described as a “fundamental precept” and a “venerable rule”. The requirement is one of the five elements of a fraud cause of action: (1) a misrepresentation or a material omission of...more
1/6/2025
/ Appeals ,
Cause of Action Accrual ,
Damages ,
Due Diligence ,
Fraud ,
Joint Tenancy with Right of Survivorship ,
Justifiable Reliance ,
Marital Assets ,
Misrepresentation ,
Omissions ,
Ownership Interest ,
Scienter ,
Summary Judgment
In Farage v. Associated Ins. Mgt. Corp., 2024 N.Y. Slip Op. 05875 (Nov. 26, 2024) (here), the New York Court of Appeals examined the enforceability of an insurance contract’s two-year suit limitation period. In a 4-3...more
12/9/2024
/ Apartments ,
Appeals ,
Bad Faith ,
Claims Adjusters ,
Compliance ,
Contract Terms ,
Denial of Insurance Coverage ,
Enforcement ,
Fire Damage ,
Insurance Industry ,
Motion to Dismiss ,
Multi-Family Housing ,
New York ,
Property Damage ,
Restoration Terms
To state a cause of action for fraud, a plaintiff must allege “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages.” The...more
6/3/2024
/ Appeals ,
Breach of Contract ,
Breach of Duty ,
CPLR ,
Damages ,
Fiduciary Duty ,
Fraud ,
Gross Negligence ,
Justifiable Reliance ,
Limited Partnerships ,
Misrepresentation ,
New York ,
Scienter
A couple of months ago, we examined NW Media Holdings Corp. v. IBT Media Inc., 2023 N.Y. Slip Op. 30875(U) (Sup. Ct., N.Y. County Mar. 22, 2023) (here), a case in which a lower court addressed the question whether the...more
10/31/2023
/ Appeals ,
Breach of Contract ,
Breach of Duty ,
Cause of Action Accrual ,
Constructive Trusts ,
Conversion ,
Criminal Investigations ,
Data Deletion ,
Declaratory Relief ,
Fiduciary Duty ,
Fraudulent Inducement ,
Google ,
Merger Clause ,
Motion to Dismiss ,
Promissory Estoppel ,
Purchase Agreement ,
Shareholder Votes ,
Trespass to Chattel ,
Written Agreements
“A” brings an action against “B”. The causes of action asserted against “B” are all timely for statute of limitations purposes.
Following discovery, “A” learns that “C” played a material role in the facts and...more