top of page
When Fraud Is Not Redundant: The Intersection of Merger Clauses and Duplicative Claims Doctrine
Merger clauses and the duplication of claims doctrine often operate to limit the availability of fraudulent inducement claims alongside breach of contract claims.
Jeffrey Haber
May 257 min read
Supreme Court, Kings County, Holds That A Settlement Conference RJI Fails to Satisfy the “Take Proceedings” Requirement of CPLR 3215(c) Necessary to Avoid Dismissal
On October 31, 2025, the Supreme Court, Kings County, decided loanDepot.com LLC v. Ortner, a case addressing the meaning of the “taking proceedings” requirement of CPLR 3215(c).
Jonathan Freiberger
Nov 21, 20255 min read
Fraud in the Execution and The Two-Year Discovery Rule
In Dodobayeva v. Rubinoff, 2025 N.Y. Slip Op. 05219 (2d Dept. Oct. 1, 2025), we explore the legal concept of fraud in the execution. Fraud in the execution, or fraud in the factum, occurs when a person is misled into signing a document without understanding its nature.
Jeffrey Haber
Oct 3, 20257 min read
bottom of page