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Fraud CPLR

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Freiberger Haber LLP

Fraud Notes: The Discovery Rule for Fraud and The Failure to Articulate a False Statement

Freiberger Haber LLP on

In today’s fraud notes, we examine two cases: K.M. v. Ursuline School of New Rochelle, 2025 N.Y. Slip Op. 04643 (2d Dept. Aug. 13, 2025) (here), and Three C, LLC v. City Settlement Serv., Inc., 2025 N.Y. Slip Op. 04678 (Aug....more

Freiberger Haber LLP

Fraud Notes: Two Cases and The Examination of Scienter

Freiberger Haber LLP on

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

Farrell Fritz, P.C.

No Deceit, No Defeat: Commercial Division Enforces Broad General Release

Farrell Fritz, P.C. on

A recent decision from Justice Fidel Gomez of the Bronx County Commercial Division, 1125 Morris Ave. Realty LLC v Title Issues Agency LLC, reminds us to closely review the language of general releases as New York courts...more

Freiberger Haber LLP

Pleading With Particularity: Defamation Causes of Action

Freiberger Haber LLP on

As readers of this Blog know, we often write about the pleading requirements under the Civil Practice Law and Rules (“CPLR”). In that regard, many of our articles involve cases in which CPLR 3016(b) is at issue – the...more

Freiberger Haber LLP

Fraud Notes: Duplication, Failure to Identify Misrepresentations of Fact, and Fraudulent Concealment

Freiberger Haber LLP on

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

Farrell Fritz, P.C.

Affirmatively Plead Your Defenses, or Risk “Waiving” Them Goodbye

Farrell Fritz, P.C. on

Many litigants are familiar with the well-settled rule that an affirmative defense will be waived if it is not included in a CPLR 3211(a) motion to dismiss or in the answer (see CPLR 3211[e]).   And so, lawyers tasked with...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Decision Illustrates Potential Issues that May Arise in a CPLR Article 52 Turnover Order Proceedings

A party seeking to enforce a judgment against an asset of a judgment debtor that is held by a third party may petition for a turnover order through a special proceeding provided for by CPLR Article 52....more

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