In Crawford v. Integrated Asset Mgt. Servs., LLC, 2025 N.Y. Slip Op. 01352 (2d Dept. Mar. 12, 2025) (here), the Appellate Division, Second Department reversed the denial of the defendants’ motion to dismiss the plaintiffs’...more
In Katsorhis v. 718 W. Beech St, LLC, 2025 N.Y. Slip Op. 00211 (1st Dept. Jan. 15, 2025) (here), the Appellate Division, Second Department considered a fraud claim that the lower court sustained on the grounds that defendant...more
1/27/2025
/ Breach of Contract ,
Construction Contracts ,
Consumer Protection Laws ,
Damages ,
Evidence ,
Fraud ,
Misleading Statements ,
Motion to Dismiss ,
Property Owners ,
Real Estate Development ,
Real Estate Transactions
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
Statutes of limitations limit the time within which a defendant can be held liable for any type of alleged wrongdoing. Plaintiffs who do not pursue their rights within the limitations period will find the courthouse doors...more
10/28/2024
/ Breach of Duty ,
Damages ,
Declaratory Relief ,
Enforcement Actions ,
Fiduciary Duty ,
Fraud ,
Liability ,
Partnerships ,
Repudiation ,
Statute of Limitations ,
Tax Returns ,
Time-Barred Claims ,
Willful Misconduct
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
On August 23, 2023, the Appellate Division, Second Department issued two decisions that briefly touched upon fraud causes of action: Hershman v. Bank of N.Y. Mellon, 2023 N.Y. Slip Op. 04369 (2d Dept. Aug. 22, 2023) (here),...more