New York Civil Fraud litigation is a serious matter that demands experienced, dependable and aggressive legal representation. It is in the best interest of individuals or business entities who wish to prosecute or defend a civil fraud contract claim to first understand the basic elements and ramifications of this type of New York fraud litigation.
One of the most fundamental elements of a contract is that there is an agreement between two or more parties in which one party agrees to perform an action in exchange for something of value. The value element can be of a monetary nature or it can be the performance or non-performance of an action that benefits one or both of the parties.
However, a valid contract cannot be enforced if one party deceives the other contracting party to sign a contract based on misleading and or false information which causes that party an adverse injury. Contracts that are based on fraud are not binding. Meaning they are not enforceable. The misrepresentation to the plaintiff can be conveyed in a variety of ways including, in speech, in writing, in gesture or in silence.
It’s important to remember that New York Courts have specific requirements in order for a fraud case to be be successful. Falling short of these requirements will ultimately have a case dismissed. One of the most common New York fraud claims is fraud in the inducement.
In order to plead fraudulent inducement one has to:
“plead a misrepresentation or a material omission of fact which was false and known to be false by the defendant, made for the purpose of inducing the other party to rely upon it, as well as justifiable reliance of the other party on the misrepresentation or material omission and injury caused as a result of that reliance (see Orchard Constr. Corp. v. Gottbetter, 89 AD3d 708 [2d Dept. 2011]; Northeast Steel Prods., Inc. v. John Little Designs, Inc., 80 AD3d 585 [2d Dept. 2011]; Hense v. Baxter, 79 AD3d814 [2d Dept. 2010]).”
In other words, in order to prevail on a charge of fraudulent inducement, the plaintiff will have to demonstrate the each of the following elements occurred. Plaintiff needs to show that the defendant represented something to you regarding a material fact;
• It was a false representation;
• The defendant knew that it was false;
• The defendant made the representation in order to induce you to rely on it;
• You did actually rely on it;
• You did not know that it was false; and
• You sustained damages as a result.
This is a difficult legal standard to prove, one that definitely requires experienced and knowledgeable legal representation. Michael Kushner and the Kushner Law Group have spent years protecting the rights of their clients in both New York State and the Federal Courts. The Kushner Law Group is proud of our reputation reserved for the highly experienced and respected law firms in New York City. Call the Kushner Law Group now at (718) 504-1440.