Promissory Estoppel Against a Valid Contract?

Even though a binding and valid contract may have the duties and expectations written out in black and white, courts are willing to allow a party to assert a claim for promissory estoppel. Check out the excerpt below for a summary of the concept of promissory estoppel and how it may apply to a contract dispute. Continue reading

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Flag on the Play…Interference

If you are currently feeling the withdrawals from the NFL off-season, don’t fret. Interference is more than just the most frustrating call in football It can also be a claim in court. The standard for Tortious Interference is excerpted below from one of my briefs. Continue reading

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The Elements of Fraud and Misrepresentation in Contracts

What does the plaintiff have to plead to state a claim for fraud or misrepresentation?

The basic elements of a claim for fraud are a representation of fact, the falsity of that representation, knowledge by the party who made it that it was false, justifiable reliance by the Plaintiff and resulting injury. Centro Empresarial Cempresa S.A. v. América Móvil, S.A.B. de C.V., 17 N.Y.3d 269, 276 (2011). Fraud may also be based on a “material omission of fact.” Mandarin Trading Ltd. v. Wildenstein, 16 N.Y.3d 173, 178 (2011).

A claim for negligent misrepresentation requires “the existence of a special or privity-like relationship imposing a duty on the defendant to impart correct information to the plaintiff; that the information was incorrect; and reasonable reliance on the information.” Mandarin Trading Ltd. v. Wildenstein, 16 N.Y.3d 173, 180 (2011).

 

If you have any legal questions or need help with fraud and misrepresentation, please contact Attorney Scott Lanin at (212) 764-7250 x 201 or use the contact form in the right sidebar.

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Aiding and Abetting A Breach Of Fiduciary Duty

In continuing my review of breach of fiduciary duty claims, (If you haven’t read my previous post click here), there may also be a possible claim for aiding and abetting a breach of fiduciary duty against each of the participants.

Below is a brief excerpt explaining how one might aid and abet a breach of duty. Continue reading

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A Conversation about Fiduciary Duties

In real estate disputes, the relationship between the bank and the borrower is typically considered that of debtor and creditor. However, in some cases it can be a fiduciary relationship. In a recent case I handled, the bank interfered with the borrower’s control over selling its real estate from a development project that was funded by a bank loan. The bank moved for summary judgment and we submitted an opposing brief. Here is an excerpt. Continue reading

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Pre-Discovery Motions For Summary Judgment Can Be Premature

A plaintiff may sometimes make a motion for Summary Judgment or Dismissal before there is any chance to begin discovery and really explore the facts of a case. One of the most glaring examples is when there is key knowledge or information that is in exclusive control of the plaintiff for which a defendant has no opportunity to obtain. Below is an excerpt from a case discussing this issue. Continue reading

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UCC Article 9 Requirement of Disposing of Collateral In A Commercially Reasonable Manner

n collection cases involving secured debt, a court may preclude judgment if the plaintiff did not properly notify or dispose of the collateral in a commercially reasonable manner. In one of my recent cases where I opposed a lender’s motion for summary judgment, I cited this requirement in our opposing brief: Continue reading

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Equitable Estoppel as a Defense to Debt Collection or Foreclosure

A Plaintiff may be estopped from seeking to recover an alleged debt because of its own actions. Here is a quick excerpt from a case where equitable estoppel was raised. Continue reading

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Defective Notice of Default

Here is a case that sums up the risk a lender faces when its notice of default is defective. The guarantor might be “off the hook.” Continue reading

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Acting in Bad Faith, Breaching the Implied Covenant of Good Faith

It is common sense that you don’t expect the person you are entering into an agreement with you purposefully try to dupe you. The doctrine of the Implied Covenant of Good Faith and Fair Dealing states that just that. Here is the standard in New York. Continue reading

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