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In GoSmile, Inc. v. Levine, a decision that was handed down on December 21, New York’s Appellate Division, First Department (which covers New York and Bronx Counties) was confronted with the following question: “whether a plaintiff is permitted to assert claims for both fraud and breach of contract, where the fraud claim is based upon [...]
As a corollary to our blog article “When You Can Incur Personal Liability for a Debt in New York,” the question arises as to what New York’s courts will do when a claimant tries to hold a corporate officer personally liable in either breach of contract or fraud. To that end, in a November 18 [...]
Although I’m certainly no fan of the insurance industry, I can’t blame them for fighting this claim. And I don’t blame the Court for siding with them either. Recently, in Rampersant v. Nationwide Mutual Fire Ins. Co., a Brooklyn judge dismissed the lawsuit brought by a Kings County man against his auto insurer, which sought [...]
Before addressing how you prove a negligent misrepresentation claim, we first have to define what it is – and what it isn’t. Unlike its cousin, the fraud claim, negligent misrepresentation does not require a showing of malicious intent or recklessness by the defendant; rather, it requires that the plaintiff prove the following by a preponderance [...]
3 Reasons Why
Your Employment Agreement
May be Worthless
NY Breach of Contract Guide:
When You Don't Have a
Written Agreement
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