The False Claims Act (“FCA” or the “Act”) prohibits businesses and individuals from defrauding the government The FCA serves as the foundation upon which the states have structured their false claims act statutes Blowing the whistle on tax fraud is covered by the Tax Relief and Health Care Act of 2006, and blowing securities/commodities fraud is covered by the Dodd-Frank Wall Street Reform and Consumer Protection Act The New York False Claims Act In 2007, New York passed its own false claims act statute (“NYFCA”).

The answer (for purposes of today’s article): intervene in the action. CPLR §1012 (a)(3) provides that a nonparty may intervene as of right “when the action involves the disposition CPLR § 1013 allows for permissive intervention where “the person’s claim or defense and the main action its discretion,” must “consider whether the intervention will unduly delay the determination of the action , allowing Gissin to intervene in the action will not delay the action or prejudice a substantial right

It has long been held that “promissory statements as to what will be done in the future are not actionable statement is “made with a preconceived and undisclosed intention of not performing it,” it becomes an actionable Plaintff sued the driver of the vehicle and later settled the action for the full coverages available About one month later, plaintiff commenced the action. Plaintiff asserted two causes of action: the first cause of action was premised upon an alleged breach

alia , by The Beatles, seem shortsighted when contemplating available remedies in a breach of contract action While money damages in an action at law may “afford a full and complete remedy” to make a plaintiff whole The Ashkenazi buyer commenced an action in supreme court in which he sought specific performance of In so doing the Court recognized that “ o prevail on a cause of action for specific performance of a As to the seller’s burden on a motion for summary judgment dismissing a cause of action for specific

motion to dismiss a fraud by omission claim, holding that the plaintiff adequately alleged the cause of action On June 27, 2018, Johnson commenced the action, asserting causes of action for: (1) injunctive relief Defendants moved to dismiss, claiming, inter alia , that the complaint failed to plead a cause of action Thus, concluded the motion court, plaintiff “sufficiently state a fraud cause of action through allegations Rather, it is based on Asberry’s material omissions as to her intent and actions to amend the operating

(b) If the defendant appears but the plaintiff does not, the judge may dismiss the action and may order required to demonstrate both a reasonable excuse for its default and a potentially meritorious cause of action Diez was a mortgage foreclosure action in which plaintiff failed to appear at a scheduled status conference order is reversed, on the law, with costs, and the plaintiff’s motion to vacate the and restore the action , the Supreme Court should have granted the plaintiff's motion to vacate that order and restore the action

fraud claim is based upon the same alleged misrepresentation from which the breach of contract cause of action

If a plaintiff fails to prosecute an action dismissal for “want of prosecution” may be obtained pursuant which provides, in pertinent part: (a) Where a party unreasonably neglects to proceed generally in an action the following conditions precedent have been complied with: (1) Issue must have been joined in the action CVS Pharmacy, Inc. , 151 A.D.3d 771 (2 nd Dep’t 2017), supreme court dismissed plaintiff’s action on Henry , a mortgage foreclosure action,was commenced in 2007. 

In prior posts, we examined enforcement actions brought by the Securities and Exchange Commission (“SEC

Venue in litigation is where the trial of an action will take place.  governed by Article 5 of the CPLR , is initially chosen by the plaintiff at the commencement of the action Article 5 of the CPLR contains provisions indicating where certain types of actions shall proceed.  For example, CPLR 507 provides that actions affecting title to real property “shall be in the county in which any part of the subject of the action is situated” and CPLR 504 provides the venue for “the

petition or order to show cause shall be made within one hundred twenty days after the commencement of the action or proceeding, provided that in an action or proceeding, except a proceeding commenced under the election upon a defendant within the time provided in this section, the court, upon motion, shall dismiss the action 120 days after the commencement of the action. receive service, and making no effort to learn the identity of the current officers, plaintiff failed to act

The lease contains a merger clause. 1710 Realty commenced the action after tenant, Portabella, exercised