The First Department rejected that argument, holding that pecuniary damages are unnecessary in an action Choosing the Relief that Matters Most Is the Best Course of Action Too often litigants seek relief that Indeed, the First Department understood this point, distilling the multiple claims alleged in the action for fraud is virtually identical to its fourth cause of action for rescission, and is founded upon the underlying a contract claim is properly dismissed as merely a duplication of the contract cause of action

Do mandatory arbitration clauses prevent class action lawsuits? While the new rule continues to allow arbitration in cases pursued by individual consumers, class actions contracts, they would have to state that arbitration cannot be used to stop consumers from joining a class action CFPB study found consumers using arbitration have more successful outcomes than members of a class-action Given the tenor of the times under the Dodd-Frank regime, however, it is likely that class action lawsuits

Why This Matters This action comes in the long wake of the financial crisis of 2008 and continued efforts

Plaintiff then filed an action in New York State Court, seeking recission of the transaction. the Agreement, remedies for default included the right of the Secured Party “to institute any claim, action As of the filing of the action, no other payments under the Agreement were made. incident upon waiting for an answer and then moving for summary judgment is needless.”[1] “When an action Affidavit of Service to the defendants, affirming that defendants received sufficient notice of the actions

resignation and removal from the board, his ownership interest was diluted through subsequent corporate actions circumstances involving incomplete information and disputes regarding valuation and prior corporate actions “Generally, a valid release constitutes a complete bar to an action on a claim which is the subject of América Móvil, S.A.B de C.V., 17 N.Y.3d 269, 277 (2011). [2] Centro, 17 N.Y.3d at 276 (internal quotation

discussed previously in this BLOG, in general, statutes of limitation govern the time in which a cause of action Section 201 of the CPLR provides that “[a]n action … must be commenced within the time specified in this No court shall extend the time limited by law for the commencement of an action.” [and p]ersonal actions were merely confined to the joint lifetimes of the parties.” any action on the note would be time-barred.

basis there must be a constitutionally adequate connection between the defendant, the State and the action Herbin, an action in which the propriety of service of process on the defendant was decided. The plaintiff in Herbin is a lender that commenced a mortgage foreclosure action.[2] Upon the borrower

fraud claim, holding that plaintiff adequately satisfied the elements required to state a cause of action As relevant here, for each cause of action plaintiff sought the $15 million in principal, together with may not assert fraud claims seeking damages that are duplicative of those recoverable on a cause of action In August 2019, the church commenced the action against, among others, Thor Livingston and defendant, and so much of the third cause of action alleging fraud.

require extensive seller disclosures, New York adheres to a more traditional approach: absent fraud, active For example, a seller may not engage in active concealment of defective conditions, such as deliberately Applicable Principles A cause of action to recover damages for fraudulent misrepresentation requires to recover damages for active concealment, the plaintiff must show, in effect, that the seller or the Sellers cannot actively conceal defects or interfere with a buyer’s ability to discover them.

parties deal at arm’s length, unless there is some conduct on the part of the seller which constitutes active however, some conduct (i.e., more than mere silence) on the part of the seller rises to the level of active may have a duty to disclose information concerning the [transaction].”[10] “To maintain a cause of action to recover damages for active concealment, the plaintiff must show, in effect, that the seller or the Plaintiff sued defendants for various causes of action, including fraud and breach of contract.

and justifiable reliance when purchasing real property.[1] As readers of this BLOG know, a “cause of action However, where affirmative conduct “on the part of the seller rises to the level of active concealment “To maintain a cause of action to recover damages for active concealment, the plaintiff must show, in Connie Profaci Realty, LLC, an action in which the plaintiff commenced an action against a real estate The Court noted that “proof of active concealment will not suffice when the plaintiff should have known

Haber As readers of this Blog know, a “cause of action to recover damages for fraudulent misrepresentation concealment.”[6] However, where affirmative conduct “on the part of the seller rises to the level of active to recover damages for active concealment, the plaintiff must show, in effect, that the seller or the Plaintiff commenced the action seeking damages for fraud and breach of contract relating to its purchase The Property remained occupied by Robel at the time plaintiff started the action on October 27, 2021.