On August 23, 2023, there were two distinct decisions issued by the Appellate Division, Second Department. Both of these rulings were curtly concerned with fraud causes of action. The cases in focus are Hershman v. Bank of N.Y. Mellon, 2023 N.Y. Slip Op. 04369 and Hillary Dev., LLC v. Security Title Guar. Corp. of Baltimore, 2023 N.Y. Slip Op. 04370.
Hershman v. Bank of N.Y. Mellon and Hillary Dev., LLC v. Security Title Guar. Corp. of Baltimore are two cases that have the potential to reshape the way we consider and address fraudulent activities within the confines of legal and corporate systems.
In both instances, the Appellate Division reflected on the issues of duplicated fraud, failure to identify misrepresentations of fact, and fraudulent concealment. However, the brief nature of the judgments means that further interpretation and extrapolation of the rulings will be needed to apply them effectively in daily legal practice.
While further investigation is required to fully grasp the potential long-term implications of these rulings, the decisions mark significant steps in adjudicating fraud causes of action in New York and potentially further afield. More detailed information and analysis of these cases can be found here.
The decisions were provided by the legal firm Freiberger Haber LLP. It is of fundamental importance that legal professionals working in large corporations and law firms stay informed about the latest developments in litigation and rulings, especially when they potentially carry far-reaching impacts on fraud causes of action.