Kaufman v. Cohen

Holding that misrepresentations by one business partner to other partners about the value of a business interest was "essential" to completing the underlying misappropriation of a business opportunity

In re Sharp Intern. Corp.

Holding that plaintiff must satisfy specific pleading requirements of Rule 9(b) to state actual fraudulent transfer claim under New York law

Simcuski v. Saeli

Holding that, where equitable estoppel applies, "burden is on the plaintiff to establish that the action was brought within a reasonable time after the facts giving rise to the estoppel have ceased to be operational"

Caputo v. Pfizer, Inc.

Holding that the fraud or concealment provision applies to actions for breach of fiduciary duty in which the underlying action itself sounds in fraud

Johnson v. Proskauer Rose LLP

Finding plaintiffs adequately alleged fraud where they alleged defendants pressured them into a tax avoidance scheme to preserve a lucrative arrangement with a client

Ocean Ships, Inc. v. Stiles

Holding that payment of a $5,000 deductible gave the insured an independent interest sufficient to allow the insured to sue for the entire loss

Krupski v. Costa Crociere, S. P.A.

In Krupski, the plaintiff sought damages for a slip and fall while she was on board a cruise ship and sued Costa Cruise Lines, the entity listed on the front of her cruise ticket.

Prout v. Vladeck

Dismissing breach of fiduciary duty claim for failure to plead causation and damages where client alleged only that attorney's withholding of case file forced him to resolve his case for "considerably less money than he would otherwise have received"

Prout v. Vladeck

Denying interlocutory appeal because "there is not a substantial ground for difference of opinion on any controlling question of law"

Skadburg v. Gately

Holding that the doctrine of fraudulent concealment estops a defendant from asserting a statute of limitations defense, but does not affect the tolling of a limitations period for the action.

Rule 8 - General Rules of Pleading

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Rule 15 - Amended and Supplemental Pleadings

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

Holding an "unrepresented party" to the same standard as an attorney

Section 213 - Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud

Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"

Section 614.1 - Period

Noting “[t]his section, as amended by Acts 2017 (87 G.A.) ch. 64, S.F. 413, does not apply to an improvement to real property in existence prior to the effective date of this Act [July 1, 2017]...”

Section 6 - Regulation of futures trading and foreign transactions

Prohibiting futures trades outside contract markets

Section 4.14 - Exemption from registration as a commodity trading advisor