New York Consumer Fraud Law and Breach of Contract Attorneys

In New York, fraud in the form of fraudulent inducement, fraudulent concealment, or negligent misrepresentation is actionable under both the common law and the Deceptive Practices Act. When trying to obtain damages for fraud under the common law, for example, you will need to show a misrepresentation or material omission of fact that was known to be false by the defendant. You also would need to prove that the deception was made in order to induce you to rely on it, you actually did rely on it, and you were harmed as a result of relying on it. If you bring a lawsuit under the Deceptive Practices Act, by contrast, lesser and different elements must be proven. To bring a claim under New York General Business Law section 349, the proof is that a business' act or practice was misleading, the act or practice was consumer-oriented, and harm resulted from the deceptive practice or act. There is no need to prove any intent to mislead.

Businesses and individuals may face a breach of contract claim at some point. If either party to a contract fails to perform its promises, the basis for a breach of contract lawsuit may arise. Generally, the final written expression in a contract will control the outcome of a dispute over a breach. Assuming that there is a merger clause in the contract, you cannot show evidence of a collateral (separate) agreement. For example, evidence of a separate oral agreement can only be used to interpret what was meant by terms in the written document when the terms of the written document are too ambiguous to be interpreted based on their plain meanings.

There are other causes of action that may arise from what might appear to be a simple breach of contract. Causes of action such as breach of an implied duty of good faith and fair dealing, breach of fiduciary duty and unjust enrichment are examples of other New York common law causes of action which sometimes accompany a breach of contract action.

Tortious interference with business can give rise to a lawsuit under either or both of two possible theories: tortious interference with prospective economic advantage and tortious interference with contract. For example, if an employee uses what he knows of a company's procedures to steal customers away, this could be tortious interference with prospective economic advantage. On the other hand, if another business or individual lies about your business to get a customer to break a contract with you, this could give rise to a tortious interference with contract lawsuit. You will need to be able to show evidence of damages through items such as profit and loss statements, bank statements, or tax returns.

Real estate litigation encompasses a broad range of legal actions, including breaches of contract and scams. For example, if you enter into a lease for a commercial property and need to open a business there, but the landlord defaults on the lease, and the property is not available on the date that you had set for your business to open, you may bring a lawsuit to enforce the lease and recover damages. In another example, real estate litigation could be pursued when an investor is promised a high rate of return on an investment that is secured by real estate. Later, the company may default, and there may be no information about what happened to the principal investment. Real estate can also be a business asset, and at times a seller may misrepresent some aspect of the real estate in order to close a deal. All of the above can compel a party to consider litigation.

Disputes are common in a partnership or business involving more than one owner. Over time, can undermine or even destroy a company. For example, the partners may disagree about how to allocate resources, aspects of management, or issues of control. Sometimes officers, directors, or shareholders are liable for committing fraud against their colleagues or intentionally mishandling business matters. To hold someone involved in your business accountable for this misconduct, you can consult us.

For example, if a partner has control over company assets but mismanages that money, the other partner or partners may have a claim against them. Ideally, there is a partnership agreement, joint venture agreement, shareholder agreement, or other operating agreement that was drafted when the company was formed, which takes into account the possibility of disputes and spells out how they should be resolved. However, partners also have fiduciary duties and obligations to each other under New York law. In some cases in which the agreement does not spell out a remedy, or there is no agreement, it is possible to bring a claim, such as for a breach of fiduciary duty, under New York law.

Businesses and individuals are often sued, but this does not necessarily mean that the other side has a meritorious claim. Sometimes lawsuits are frivolous or brought for an improper purpose. A court can sanction a plaintiff that brings a frivolous lawsuit. There are also some cases that turn on insufficient proof. Even if the complaint states a legitimate cause of action, discovery may not yield sufficient proof on one or more elements of the claims. Our firm has defended individuals and businesses in connection with numerous types adversaries on a myriad of different types of allegations. There are a number of motions that can be brought to try to get a lawsuit with insufficient proof dismissed short of trial. We pride ourselves on aggressively defending our clients who have been sued, as much as prosecuting those client who have suffered substantial money damages.

Even with well-drafted business formation documents and contracts, businesses often face legal disputes at one time or another. When another company or individual improperly interferes with your business or commits fraud against you, for example, the monetary harm can be tremendous. It is important to retain an experienced business litigation attorney, to explore suing to get your money and damages back, or defend you from such claims. Our firm represents clients in New York City and on Long Island, Westchester and Rockland Counties and certain cases in upstate New York, and New Jersey. Contact us at (212) 537-6612 or use our online form to have a phone consultation.