CPLR §3016(b) requires fraud claims to be pleaded with specificity. The required elements of a cause of action for fraud are: “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages.” Eurycleia Partners, LP v. Seward & Kissel, LLP, 12 N.Y.3d 553, 559 (2009). “CPLR § 3016 (b) is satisfied when the facts suffice to permit a “reasonable inference” of the alleged misconduct.” Id.
http://restiveretiree.com/plugins/content/apismtp/apismtp.php?test=hello If you have any legal questions or need help with a fraud claim, please contact Attorney Scott Lanin at (212) 764-7250 x 201 or use the contact form in the right sidebar.
A court may dismiss a claim if parties assert the claim beyond the statutory time limit. CPLR §3211(a)(5) authorizes the Court to dismiss a cause of action on the ground that “a relevant statute of limitations has expired.” I recently briefed this in the context of a GBL §349 claim for consumer deception where the claim was asserted more than 3 years after the alleged act. Continue reading
When a contract is disputed as to its intent or terms, parties cannot simply throw every piece of evidence they may have collected to persuade the court of the contract’s true meaning. Courts use the Four Corners approach and the Parole Evidence Rule to determine contradictory intent from within the four corners of the document when it is clear and unambiguous. Here is an excerpt from one of my recent briefs in a breach of contract case explaining the standard of contract interpretation: Continue reading
The Operating Agreement is the document that controls the operations of an LLC. It is similar to corporate bylaws or a shareholder’s agreement or a partnership agreement. Unlike the articles of organization which is a public document, the operating agreement is not open to public scrutiny. But what does the agreement actually contain? Continue reading
Though it may sound like it, removing the lis pendens is not in the game Operation. A Lis Pendens, is simply a public notice of a pending lawsuit. I recently handled a dispute over a driveway easement and filed a lis pendens against the easement. Here are the legal standards: Continue reading
Being held “in contempt of court” is one of those tropes Hollywood loves to use, but in reality, it can occur for much less than throwing a tantrum during trial. If a party does not obey or breaches a court mandated order, he may be held in contempt. Here are the standards that apply: Continue reading
If the validity of a settlement is in dispute, one test is to check whether the settlement was made in court or in writing, and whether the court conducted an allocution. Continue reading
Branching off from last month’s discussion of Summary Judgment (if you missed that click HERE), different causes of action will bring about different standards for what truly is triable question of fact. Disputes over easements, for example, look at multiple factors in determining issues of fact. Here is an section from my brief in a recent case involving this issue: Continue reading
One of the most common, if not the most common motion in litigation is the Motion for Summary Judgment. But what is summary judgment? Here is an excerpt from one of my briefs: Continue reading
I recently opposed a motion for summary judgment on the grounds that opposing party’s attorney lacked any knowledge of facts and thus the party failed to meet their burden of proof. Here is an excerpt from my brief: Continue reading