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Under New York practice, the expression "Be Careful What You Ask For" has special meaning. Lawyers can find themselves in quite a quandary when they realize that the way they have framed claims...

In my last post, I explained that even omissions can form the basis of fraud claims under a number of circumstances, and therefore the New York Martin Act has not preempted claims of fraud that are based upon omissions ...

Having written on this subject before, I am always amazed at the extent that shareholders, who are now dissatisfied with one another, will go to when they are no longer of like mind as to how the business should be run.

A new decision of the Appellate Division, First Department (Board of Mgrs. of the Latitude Riverdale Condominium v 3585 Owner, LLC, 2021 NY Slip Op 06072 (1st Dep't Decided Nov. 9, 2021), has triggered a discussion ...

Contracts often contain provisions in which the parties waive their right to a jury trial of any disputes relating to the contract.

I have commented often on the type of monetary damages that are recoverable in the context of a claim for fraud in a civil (as opposed to criminal) action.

A new decision of the Appellate Division, First Department (Burden v Pamplona Capital Mgt. LLP, 2025 NY Slip Op 02716 (1st Dep't Decided May 6, 2025) affirmed the dismissal of an amended complaint...

Inartful or imprecise language of releases can lead to needless and costly litigation. The abundance of cases challenging the scope of releases that have been drafted and entered...

One of these benefits is known as "equitable estoppel." If a party is duped into refraining from instituting a lawsuit based upon fraudulent conduct of the alleged wrongdoer, thereby letting the applicable statute.

In Distinctions in Claims of "Fraud on the Court," Common Law Fraud and Judiciary Law 487, I explained the various concepts and remedies relating to the general rubric of "fraud on the court" under New York State law.

In the recent decision in Republic of Kazakhstan v Chapman, 2023 NY Slip Op 03211 (1st Dep't Decided June 13, 2023), the First Department affirmed the dismissal of claims seeking to vacate an arbitration award...

The duty of self-protection is firmly embedded in the law of fraud. For example, even when demonstrable misrepresentations are made with an actual intent to defraud, the recipient...

There are special considerations that apply to fraud claims in connection with real property sale transactions, especially where the buyer is alleging the seller concealed material information about...

Two recent decisions of the New York Appellate Division, First Department, address interesting principles concerning damages recoverable for fraud and who has the right to sue for underlying fraudulent conduct...

Claims of fraud raise many issues and permutations relating to the statute of limitations—the time by which a claim can be brought. These rules require careful analysis, as they are often confused or misapplied by counsel.

A new Appellate Division, Second Department, decision in Applewhite v 112 Liberty Assoc., LLC, 2024 NY Slip Op 06323 (2d Dep't Decided Dec. 18, 2024) continues the lenient approach that courts sometimes take.

In my July 8, 2019 post, I reviewed the law on challenging releases and settlements based upon alleged claims of fraud and fraudulent inducement.

As I have explained in prior posts ("Void or Voidable" in Fraud, Visited Again; More on the Void/Voidable Dichotomy in Fraud and First Department Explains Distinction Between...