Two recent decisions of the New York Appellate Division, First Department, address interesting principles concerning damages recoverable for fraud and who has the right to sue for underlying.
On October 12, 2022, the Commercial Division for New York County issued a decision in a consolidated series of motion sequences in CDx Diagnostics, Inc. v. Rutenberg, 2022 BL 479595.
In my last post, I explained that even omissions can form the basis of fraud claims under a number of circumstances, and therefore the New York Martin Act has not preempted claims of fraud that are based upon omissions .