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New York Commercial Division Practice

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fraudulent inducement

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Treasury Secretary Escapes Fraud Claims

Photo of Viktoriya Liberchuk
By Viktoriya Liberchuk on June 15, 2018
Posted in Defenses, Motions

On June 5, 2018, in RKA Film Financing, LLC v. Kavanaugh et al., the First Department unanimously affirmed the Supreme Court, New York County’s decision absolving the United States Secretary of the Treasury, Steven Mnuchin, of fraud claims brought by RKA Film Financing LLC (“RKA”), a media financing company.

By way of…

When Is A Fraud Claim Duplicative Of A Breach Of Contract Claim?

Photo of Paige Bartholomew
By Paige Bartholomew on March 8, 2018
Posted in Pleadings
donotduplicate

Generally speaking, a fraud claim that is “duplicative” of a breach of contract claim will be dismissed. But when is a fraud claim sufficiently duplicative of a breach of contract claim so as to warrant its dismissal? The New York County Commercial Division (Sherwood, J.) recently answered this question in xLon Beauty, LLC v Day…

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  • Paige Bartholomew
  • Christopher J. Clarke
  • Matthew D. Donovan
  • Viktoriya Liberchuk
  • Jaclyn M. Ruggirello
  • Sonia A. Russo
  • Peter J. Sluka
  • James M. Wicks

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