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In prior posts ( e.g. , here and here ), we have discussed the importance of pleading loss causation in fraud and fraud-related actions. Where causation is an issue, the cases show that plaintiffs often have difficulty demonstrating the components necessary to withstand a motion to dismiss ( e.g. , here ). There are two components to the causation element: transaction causation and loss causation. “Transaction causation means that the violations in question caused the to en

Last week, the New York State court system, which is following Governor Cuomo’s plan to reopen the economy on a regional, phased-in basis, resumed in-person court operations in 40 counties in the six regions meeting the public health benchmarks for economic reopening: the Finger Lakes, Mohawk Valley, Southern Tier, North Country, Central New York and Western New York regions. As of May 26, 2020, eight additional counties in the Capital Region restored in-person court operatio

Elder financial exploitation is a significant problem. Everyone reading this article may be affected in some way. Family, friends, neighbors, colleagues, and/or customers can fall victim to financial exploitation. All of us are at risk of being financially abused and/or exploited as we grow older. Seniors are Particularly Vulnerable to Financial Abuse and Exploitation “Scam artists prey on seniors who are too polite and have difficulty saying ‘no’ or feel indebted to someone

Discovery, an important part of litigation, is designed to assist litigants in the prosecution or the defense of the claims being asserted in the action.  For the litigation process to yield fair results, it is imperative that the parties exchange necessary information. See CPLR 3101 (“There shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof...”).  Accordingly, there is a duty to preserv

Successfully pleading a fraud-in-the-inducement claim in the context of an employment at will relationship is difficult, if not impossible. The reason, as is often the case in non-employment cases, has to do with pleading justifiable reliance. Employees at will are generally unable to establish reasonable reliance on a prospective employer’s representations. Recently, Justice Peter P. Sweeney of the Supreme Court, Kings County reiterated this principle by granting summary jud

Pandemic-related fraud is in vogue these days. The unscrupulous continue to disseminate false information to the public in the hope of securing a personal benefit from the fear surrounding the virus.   As we previously noted ( here ), since February of this year, the Securities and Exchange Commission (“SEC” or “Commission”)  has released several investor warnings about the prevalence of fraud, illicit schemes and other misconduct related to the coronavirus health emergency (

In VRA Family Limited Partnership v. Salon Management USA, LLC , decided on May 6, 2020, the Appellate Division, Second Department, affirmed the motion court’s grant of summary judgment in favor of a commercial landlord as against a tenant that abandoned the subject premises and improperly assigned its rights under the subject lease. The facts of VRA are simple, plaintiff, as landlord, and Salon Management USA, LLC, as tenant, entered into a 10-year commercial lease.  At the

An appraisal is the valuation of property, such as a business, stock in a private company, real estate, collectibles, antiques, or other valuables, by an authorized (and neutral) person. Appraisals are used in many types of transactions. Business men and women typically seek an appraisal when they sell their business, they gift or transfer their ownership interest in the business or property, they make changes to the composition of their business, such as by adding partners o

This Blog has examined cases involving the duty to disclose information, often in the context of an alleged omission ( E.g. , here ). In today’s article, we primarily look at the duty to another in the context of negligence and negligent misrepresentation causes of action. Shavolian v. Donegan , 2020 N.Y. Slip Op. 31181(U) (Sup. Ct., N.Y. County May 5, 2020) ( here ). Negligence and Negligent Misrepresentation To establish a cause of action sounding in negligence, a plaintiff