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Constructive Fraud: A Lesser-Known, But Powerful Tool in New York To Recover Money That You’re Owed

Many small businesses’ recurring nightmare, particularly in this economy, looks something like this:
Debtor D (we’ll call him “D,” for short) owes you tens of thousands of dollars for product that you delivered months ago. When you inquire as to what the delay is in receiving payment, you get a run-around, and ultimately find out that [...]

Nassau County, NY Insured’s Punitive Damages & Deceptive Business Practices Claims Against Insurer Survive Dismissal

If a jury sides with plaintiff on this issue, and finds that Allstate engaged in deceptive business practices (this law is codified at sections 349 and 350 of the General Business Law), Allstate faces the specter of not only compensatory damages for their alleged breach of contract, but also treble and punitive damages as well.