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Fraudulent Inducement Is Not a Do-Over: Emails, Merger Clauses, and Justifiable Reliance
In today’s article, we examine the elements and heightened pleading requirements for fraudulent inducement claims under New York law, with a focus on the justifiable reliance element.

Jeffrey Haber
Mar 307 min read


Failure To Exercise Reasonable Diligence in Real Estate Transaction Undermines Allegation of Justifiable Reliance
As readers of this Blog know, a “cause of action to recover damages for fraudulent misrepresentation requires a misrepresentation or a material omission of fact which was false and known to be false by defendant, made for the purpose of inducing the other party to rely upon it, justifiable reliance of the other party on the misrepresentation or material omission, and injury.”

Jeffrey Haber
Oct 20, 20258 min read


Duplication, Sophistication and Disclaimers . . . Oh my!
In Skyview Capital, LLC v. Conduent Business Servs., LLC, 2025 N.Y. Slip Op. 03291 (1st Dept. June 03, 2025), the Appellate Division, First Department addressed various issues concerning fraud causes of action with which readers of this Blog are familiar: the duplication doctrine, justifiable reliance and disclaimer clauses

Jeffrey Haber
Jun 4, 20258 min read


Fraud Notes: Statute of Limitations and the Failure to Plead The Elements of a Fraud Claim
In today’s Fraud Notes, we examine Yudkin v. Evergreen Terrace 888 Corp., 2025 NY Slip Op 03223 (2d Dept. May 28, 2025), and Lapin v. Verner, 2025 NY Slip Op 03184 (2d Dept. May 28, 2025). Yudkin involved the statute of limitations for fraud and the continuing wrong doctrine. Lapin involved the failure to plead the elements of a fraud claim.

Jeffrey Haber
Jun 2, 202513 min read


Fraud and the Assignment of Lottery Winnings
A claim for fraud requires “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages.” In First Trinity Life Ins. Co. v. Advance Funding LLC, 2025 N.Y. Slip Op. 03133 (1st Dept. May 22, 2025), discussed below, knowledge of falsity (i.e., scienter) and reliance were the elements at issue.

Jeffrey Haber
May 26, 20258 min read


Caveat Emptor and Reasonable Reliance on Fraudulent Misrepresentations When Purchasing Real Property
Today’s BLOG article relates to fraudulent concealment, caveat emptor and justifiable reliance when purchasing real property.

Jonathan Freiberger
Oct 4, 20245 min read


Failure To Read Relevant Documents Prevents Claim Of Justifiable Reliance
As readers of this Blog know, one of the elements of a fraudulent inducement claim is “justifiable reliance.”

Jeffrey Haber
Oct 4, 20236 min read


Disclaimers and Justifiable Reliance – What a Pair!
By Jeffrey M. Haber As readers of this Blog know, to recover damages for fraud, a plaintiff must allege “a misrepresentation or a material omission of fact which was false and known to be false by defendant, made for the purpose of inducing the other party to rely upon it, justifiable reliance of the other party on the misrepresentation or material omission, and injury.” [1] When a plaintiff contends that he or she was fraudulently induced to take some action, such as enter

Jeffrey Haber
Dec 6, 20216 min read


First Department Affirms Dismissal of Fraudulent Inducement Claims Due to Disclaimer Clauses and Failure to Plead Justifiable Reliance
On January 23, 2020, the Appellate Division, First Department, unanimously affirmed the dismissal of fraud-based claims alleged in connection with the purchase of a promissory note that memorialized a $1.5 million loan.

Jeffrey Haber
Jan 24, 20206 min read
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