A party claiming fraud must prove that it relied upon and was induced to act by a knowing misrepresentation (or omission) which caused some type of harm. In other words, not every misrepresentation is fraud, but every legally sound claim for fraud involves a misrepresentation.

New York courts view fraud claims with greater scrutiny and require more specific allegations to permit a fraud claim to gain traction in litigation. In particular, both the New York Civil Practice Law and Rules as well as the Federal Rules of Civil Procedure set forth a heightened pleading standard for a complaint alleging fraud.

In many instances, a deceptive act may not rise to the level of fraud, perhaps because the underlying misrepresentation was not intentional. Nonetheless, deceptive acts and practices are actionable under New York law including pursuant to General Business Law § 349. That statute declares as unlawful “[d]eceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state” and provides that the presiding court “may award reasonable attorney’s fees to a prevailing plaintiff.” (emphasis added).

The Law Office of Adam G. Singer, PLLC represents companies and individuals prosecuting — and defending against — claims arising from a misrepresentation or otherwise deceptive act or practice

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