How to Prove a Negligent Misrepresentation Claim Under New York Law

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 [...]

Commission Salesman Not Entitled to Recover Statutory Damages, Attorney’s Fees on Breach of Contract Claim, NY Court Holds

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 [...]

NY’s High Court Limits Time to Bring Breach of Fiduciary Duty Claim

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 [...]