13 Cited authorities

  1. ABN AMRO Bank, N.V. v. MBIA Inc.

    2011 N.Y. Slip Op. 5542 (N.Y. 2011)   Cited 185 times
    Holding that allegations of insolvency support a cause of action under DCL § 274
  2. HSH Nordbank AG v. UBS AG

    95 A.D.3d 185 (N.Y. App. Div. 2012)   Cited 150 times
    Holding that general market information or industry-wide practices do not support a fraud claim
  3. Danann Realty Corp. v. Harris

    5 N.Y.2d 317 (N.Y. 1959)   Cited 649 times   1 Legal Analyses
    Holding that a plaintiff is precluded from relying on oral representations to establish fraudulent inducement to enter a contract where the contract contains a specific disclaimer that the plaintiff "is not relying on any representations as to the very matter as to which it now claims it was defrauded"
  4. Laub v. Faessel

    297 A.D.2d 28 (N.Y. App. Div. 2002)   Cited 140 times
    Holding that "plaintiff must establish that the alleged misrepresentations or other misconduct were the direct and proximate cause of the losses claimed"
  5. In re Ambac Financial Group, Inc. Securities Litig.

    693 F. Supp. 2d 241 (S.D.N.Y. 2010)   Cited 80 times
    Holding alleged GAAP violations actionable where company had not restated financials but plaintiffs had pleaded facts giving rise to strong inference of scienter
  6. Cifg Assurance N. Am., Inc. v. Goldman

    106 A.D.3d 437 (N.Y. App. Div. 2013)   Cited 23 times
    In CIFG Assurance North America, Inc. v Goldman, Sachs & Co. (106 AD3d 437 [1st Dept 2013] [CIFG]). the Appellate Division addressed the sufficiency of a monoline insurer's pleading of justifiable reliance in the RMBS context, holding that the insurer "was not required, as a matter of law, to audit or sample the underlying loan files."
  7. Ambac Assurance Corp. v. EMC Mortgage LLC

    995 N.Y.S.2d 545 (N.Y. App. Div. 2014)   Cited 19 times   1 Legal Analyses
    In Ambac, the Court expressly held that MLPA § 7 (xx) was "essentially the same warranty" as the warranty in section 8 addressing the accuracy of information in the prospectus supplements regarding the mortgage loans.
  8. MBIA Ins. Corp. v. J.P. Morgan Sec. LLC

    3 N.Y.S.3d 285 (N.Y. Sup. Ct. 2014)   Cited 18 times
    In People v. Williams, 45 Misc 3d 1202(A), 3 N.Y.S.3d 286 at *2-3 (Crim Ct NY County 2014) (Statsinger, J.), this Court held that as long as the communication alleged had "no legitimate purpose" other than to harass or annoy the complainant, both clauses were satisfied. The Court specifically identified some of the cases that had held otherwise, including Singh and People v. Cruz, 44 Misc 3d 640, 989 N.Y.S.2d 279 (Crim Ct Queens County 2014), and noted that it "respectfully disagree[d] with those cases' analysis of the statute's requirements."
  9. Basis Yield Alpha Fund Master v. Stanley

    23 N.Y.S.3d 50 (N.Y. App. Div. 2015)   Cited 14 times

    652129/12 12527. 12-29-2015 BASIS YIELD ALPHA FUND MASTER, Plaintiff–Respondent, v. Morgan STANLEY, et al., Defendants–Appellants, John Does 1–50, Defendants. Defendants Morgan Stanley, Morgan Stanley & Co. LLC f/k/a Morgan Stanley & Co. Incorporated and Morgan Stanley & Co. International PLC f/k/a Morgan Stanley & Co. International Limited appeal from an order of the Supreme Court, New York County (Melvin L. Schweitzer, J.), entered March 11, 2013, which, to the extent appealed from, denied their

  10. MBIA Ins. Corp. v. J.P. Morgan Sec., LLC

    144 A.D.3d 635 (N.Y. App. Div. 2016)   Cited 13 times

    11-02-2016 MBIA INSURANCE CORPORATION, respondent-appellant, v. J.P. MORGAN SECURITIES, LLC, formerly known as Bear, Stearns & Co., Inc., appellant-respondent. Greenberg Traurig, LLP, New York, N.Y. (Richard A. Edlin, Carmen Beauchamp Ciparick, Anastasia A. Angelova, and Misty L. Archambault of counsel), and Sullivan & Cromwell LLP, New York, N.Y. (Robert A. Sacks, Sharon L. Nelles, and Darrell S. Cafasso of counsel), for appellant-respondent (one brief filed). Quinn Emanuel Urquhart & Sullivan,

  11. Section 3105 - Representations by the insured

    N.Y. Ins. Law § 3105   Cited 271 times   6 Legal Analyses
    Requiring "inducement"
  12. Section 3106 - Warranty defined; effect of breach

    N.Y. Ins. Law § 3106   Cited 40 times

    (a) In this section "warranty" means any provision of an insurance contract which has the effect of requiring, as a condition precedent of the taking effect of such contract or as a condition precedent of the insurer's liability thereunder, the existence of a fact which tends to diminish, or the non-existence of a fact which tends to increase, the risk of the occurrence of any loss, damage, or injury within the coverage of the contract. The term "occurrence of loss, damage, or injury" includes the