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Under the doctrine of caveat emptor, the buyer of real property is required to inspect the property and preclude him/her from arguing that he/she was fraudulently induced to enter into the transaction. 3 The doctrine concerning the property when the parties deal at arm’s length, unless there is some conduct on the part all Violations” of state and municipal laws and ordinances. 7 Based upon these findings, under the doctrine Rhone Group L.L.C. , 15 N.Y.3d 147, 155 (2010) (internal quotation marks omitted.

same complaint, more times than not, the fraud claim will be dismissed under the duplication of claims doctrine Under this doctrine, “ cause of action to recover damages for fraud will not lie where the only fraud That proposal was reflected in an aerial map that Isabell marked up to show the partition. The “upper” or northern section of the Property was marked on the map by Isabell with x’s to show there Bankers Trust Co. , 60 N.Y.2d 155, 162 (1983) (internal quotation marks and citation omitted); see also

Koenig , 25 F.3d 1168, 1173 (2d Cir. 1994) (internal quotation marks omitted). In prior posts, we referred to this principle as the duplication of claims doctrine ( here , here and Co. , 30 N.Y.3d 704, 711 (2018) (internal quotation marks omitted) (quoting Clark-Fitzpatrick , 70 N.Y Park Assoc., Inc. , 106 A.D.3d 950, 951-952 (2d Dept. 2013) (“Where a claim to recover damages for fraud As such, under the duplication of claims doctrine, its tort claims were dismissed.

Haber Forum non conveniens is a common law doctrine in which a court may dismiss an action where another forum would be better suited to adjudicate the matter.[1] In New York, the doctrine is codified in CPLR Under this section, a court may “stay or dismiss [an] action in whole or in part on any conditions that finds that “in the interest of substantial justice the action should be heard in another forum.”[2] The doctrine to be and should not be taken as legal advice. [1] This Blog has examined the forum non conveniens doctrine

Further, the Court addressed and rejected lender’s arguments that the voluntary payment doctrine, equitable This BLOG has analyzed the voluntary payment doctrine < HERE =">HERE</a>"> , < HERE =">HERE</a>"> and (Citation and internal quotation marks omitted.)  The application of the voluntary payment doctrine was rejected because borrower made several “written demonstrated that borrower had “full knowledge of the facts necessary to invoke the voluntary payment doctrine

“Under the common-law doctrine of spoliation, when a party negligently loses or intentionally destroys Nassau Country Club , 200 A.D.3d 734 (2 nd Dep’t 2021) (citations and internal quotations marks omitted Varig Logistica S.A. , 26 N.Y.3d 543, 547 (2015) (citations and internal quotation marks omitted).  School Const’n Auth. , 174 A.D.3d 784, 786 (2 nd Dep’t 2019) (Citation, internal quotation marks and

Applicable Rules of The Road Amended Pleadings CPLR 3025(b)  provides, in pertinent part, that “[a] party must be lateness coupled with significant prejudice to the other side, the very elements of the laches doctrine cannot recover under the out-of-pocket rule. [26]   The motion court denied the motion, holding, in part , 214 A.D.3d at 1024 (citation and internal quotation marks omitted); see also   Kimso , 24 N.Y.3d at Darpoh , 207 A.D.3d 586, 587 (2d Dept. 2022) (internal quotation marks and citations omitted). [11]

One Seaport project was significantly delayed and over budget, which plaintiffs attributed, in large part In August 2023, the motion court issued its decision and order denying in part and granting in part defendants we discussed the justifiable reliance element of a fraud claim and, in particular the special facts doctrine “Under the special facts doctrine, a duty to disclose arises where one party’s superior knowledge of The party invoking the doctrine must demonstrate that “the material fact was information peculiarly within

person, thing or property referred to in the award.” 5 In today’s article, this Blog examines Gowanus Park Gowanus Park involved a contract for the construction of a four-story residential building located in

“Under the common-law doctrine of spoliation, when a party negligently loses or intentionally destroys Nassau Country Club , 200 A.D.3d 734 (2 nd Dep’t 2021) (citations and internal quotations marks omitted Varig Logistica S.A. , 26 N.Y.3d 543, 547 (2015) (citations and internal quotation marks omitted).  School Const’n Auth. , 174 A.D.3d 784, 786 (2 nd Dep’t 2019) (Citation, internal quotation marks and

background facts and party assertions are taken from the briefing on appeal. [2] Slip Op. at *1. [3] Heijung Park (internal quotation marks omitted) [9] Id.

Cappelli Enterprises, Inc. , 94 A.D.3d 1026 (2 nd Dep’t 2012) (Citations and internal quotation marks (Citations and internal quotation marks omitted.) For the full scope of BLOG articles related to the duplication doctrine search for “duplication” in the