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2 Jul 2021, 4:56 am by Andrew Lavoott Bluestone
“The elements of a cause of action sounding in fraud are a material misrepresentation of an existing fact, made with knowledge of the falsity, an intent to induce reliance thereon, justifiable reliance upon the misrepresentation, and damages” (Mitchell v Diji, 134 AD3d 779, 780 [internal quotation marks omitted]). [read post]
18 Feb 2020, 4:46 am by Andrew Lavoott Bluestone
“The statute of limitations for civil RICO claims is four years” and “is deemed to have accrued when the plaintiff knew or should have known of his or her injury, regardless of when he or she discovered the underlying fraud'” (House of Spices [India], Inc. v SMJ Servs., Inc., 103 AD3d 848, 849-850, quoting Dempster v Liotti, 86 AD3d 169, 178; see Mitchell v Diji, 134 AD3d 779, 781). [read post]