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 of [...]
In today’s edition of the New York Law Journal, there was an interesting decision from a New York County trial court in a breach of contract case, Garber v. Inter Capital Resources LLC. In this case, the plaintiff was a commission salesman who sought to recover the commissions that he purportedly earned – but was [...]
In a March 26 decision regarding a commercial litigation case, New York’s Court of Appeals held that where a business sought primarily to recover monetary damages, rather than injunctive relief, resulting from its broker’s alleged breach of fiduciary duties to the plaintiff company, the business had only 3 years within which to commence suit rather than the 6 [...]