Posts Categorized: Fraud/Misrepresentation

Posted: June 15, 2018

Martin Act Claims are Subject to Three-Year Statute of Limitations

On June 12, 2018, the Court of Appeals issued a decision in People v. Credit Suisse Sec. (USA) LLC, 2018 NY Slip Op. 04272, holding that Martin Act claims have a three year statute of limitations, explaining: The first issue before us is whether Martin Act claims are governed by CPLR 214(2), imposing a three-year… Read more »

Posted: April 22, 2018

Fraudulent Inducement Claim Dismissed on Summary Judgment for Lack of Reasonable Reliance

On April 9, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in INTL FCStone Markets, LLC v. Corrib Oil Co. Ltd., 2018 NY Slip Op. 30646(U), dismissing a fraudulent inducement claim on summary judgment for lack of reasonable reliance, explaining: Corrib also cannot maintain a cause of action for fraud… Read more »

Posted: April 19, 2018

Fraudulent Inducement Claim Against Lawyer Upheld; Client Was Reasonable in Relying on Counsel Rather Than Reading Agreement Closely

On April 10, 2018, the First Department issued a decision in Suttongate Holdings Ltd. v. Laconm Management N.V., 2018 NY Slip Op. 02424, upholding a fraudulent inducement claim against a lawyer, explaining: The allegations of the complaint state a cause of action for fraudulent inducement. The well settled principle relied on by David that a… Read more »

Posted: March 14, 2018

Internet Providers’ Claims of Access Speed “Up To” A Certain Number Can Be Subject of Fraud Claim if They Cannot Achieve That Speed

On February 13, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in People v. Charter Communications, Inc., 2018 NY Slip Op. 30253(U), holding that internet providers’ claims of speed “up to” a certain number can be the subject of a fraud claim, explaining: Defendants argue that their representations regarding internet… Read more »

Posted: February 11, 2018

Plaintiff Cannot Withstand Summary Judgment By Showing Question of Fact on One Element of Fraud Claim if it Fails on Another Element

On January 22, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in xLon Beauty, LLC v. Day, 2018 NY Slip Op. 30142(U), holding that a plaintiff could not withstand summary judgment dismissing its fraud claim by showing that there was a question of fact regarding one element of the claim… Read more »

Posted: February 5, 2018

Fraud Claim Prevails; Plaintiff Not Required to Obtain Representations and Warranties From its Agent

On January 30, 2018, the First Department issued a decision in Schulhof v. Jacobs, 2018 NY Slip Op. 00528, granting plaintiff summary judgment on his fraud claim, explaining: The motion court also correctly granted summary judgment to plaintiff on his fraud claim. The issue of reasonable reliance can be resolved on a summary judgment motion…. Read more »