In New York, litigants often grapple with the appropriate limitation period to apply to breach of fiduciary claims. There is no single statute of limitations that the courts and the parties can look to. “Rather, the choice of...more
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
In Villaver v. Paglinawan, 2024 N.Y. Slip Op. 04159 (2d Dept. Aug. 7, 2024) (here), the Appellate Division, Second Department reversed the dismissal of a legal malpractice, breach of fiduciary duty, and intentional infliction...more
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
It should come as no surprise that one of the goals of an investment fraud is the theft of customer funds for the scammer’s personal benefit. In legal parlance, this aspect of a fraudulent investment scheme is called...more
12/11/2023
/ Asset Management ,
Civil Monetary Penalty ,
Client Funds ,
Disgorgement ,
Embezzlement ,
Enforcement ,
Fiduciary Duty ,
Financial Adviser ,
Injunctive Relief ,
Investment Fraud ,
Misappropriation ,
Prejudgment Interest ,
Price Manipulation ,
Real Estate Investments ,
Securities and Exchange Commission (SEC)
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