At Benjamin Hart, P.C., our trial attorneys have a combined 40 years of experience advocating for clients in New York, City, State and federal courts. We are unafraid to fight large law firms with substantial resources. Benjamin Hart, P.C. provides clients with the personal attention that they can expect from a small firm while turning out a legal product just as strong as what a large firm produces. We represent people who are looking for a fraud attorney or representation in matters related to, fraud litigation, breach of contract disputes, tortious interference with a business, partnership disputes, real estate litigation, business defense, or construction litigation. You should not let yourself be a victim of wrongful conduct. Let the consumer fraud attorneys at our New York law firm help you pursue your rights to the fullest extent of the law.
In New York, fraud in the form of fraudulent inducement, fraudulent concealment, or misrepresentation is prohibited under both the common law and the Deceptive Practices Act. When trying to obtain damages for fraudulent inducement 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, different elements must be proven. To bring a claim under New York General Business Law section 349, a plaintiff and their New York consumer fraud attorney must establish 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.Breach of Contract Disputes
Businesses and individuals may face a breach of contract claim at some point. If either party to a contract fails to perform its promises, a contract dispute 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. A business lawyer in New York City can advise you on whether a contract is likely to be deemed ambiguous.
Additionally, the New York Commercial Code requires business to act in good faith and abide by certain principles in connection with a contract. Both parties owe an implied covenant of good faith and fair dealing, which allows a court to penalize a business that tries to prevent another business from performing a contractual obligation.Tortious Interference with Business
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 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 business through items such as profit and loss statements, bank statements, or tax returns.Real Estate Litigation
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, a business attorney in New York City could help you 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. Sometimes, real estate is a business asset, and a seller misrepresents some aspect of the real estate in order to close a deal. In these cases, it may be possible to sue the seller.Partnership Disputes
Disputes are common in a partnership or business involving more than one owner. Over time, partnership disputes 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 our New York City business attorneys.
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.I've Been Sued
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 mortgage debt, credit card debt, foreclosure, misappropriation, and other areas. There are a number of motions that can be brought to try to get a lawsuit with insufficient proof dismissed short of trial, such as when there is no genuine factual issue for the jury. A resourceful New York consumer fraud lawyer will know how to handle this process.Construction Litigation
Many different contractors and subcontractors are involved in construction projects, whether these projects involve a new building or a renovation to an existing home. Our construction litigation attorneys represent owners, construction contractors, and subcontractors. Claims that we handle include breaches of construction contracts, deceptive practices, bonding issues, and mechanics' liens.
Mechanics' lien protection is provided for all those who perform labor or provide materials to improve real property in New York. Protection is not only for contractors and subcontractors but also for laborers, landscape gardeners, nurserymen, and businesses supplying ornamental trees and small fruit to the project. A business claiming a mechanics' lien must be licensed to perform work where the license is required and needs to also be authorized to do business in New York. The mechanics’ lien claim must properly identify the defendant on the claim itself.Consult an Experienced Consumer Fraud Attorney in New York
Even with well-drafted business formation documents and contracts, businesses are bound to 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 harm can be tremendous. It is important to retain an experienced business litigation attorney. Sue to get your money and damages back. Our firm represents clients in New York City and on Long Island, including in Manhattan, Queens, the Bronx, Brooklyn, Staten Island, and Nassau and Suffolk Counties. Contact us at (212) 835-1532 or use our online form to set up an appointment. Our firm fights fraud head-on.
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