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7 New York opinions name it 2 courts 1985–2020 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Kaufman v. Cohengreen2 sentences2020When an allegation of fraud is not essential to the cause of action pleaded except as an answer to an anticipated defense of the statute of limitations, courts look for the reality and the essence of the action and not its mere name ( Id. ). 2020When an allegation of fraud is not essential to the cause of action pleaded except as an answer to an anticipated defense of the statute of limitations, courts look for the reality and the essence of the action and not its mere name ( Id. ). | 4 | 5 |
Brick v. Cohn-Hall-Marx Co.green2 sentences2004Thus, “where an allegation of fraud is not essential to the cause of action pleaded except as an answer to an anticipated defense of Statute of Limitations, courts look for the reality, and the essence of the action and not its mere name’ ” (Kaufman v Cohen, supra at 120, quoting Brick v Cohn-Hall-Marx Co., 276 NY 259, 264 [1937]). 2003Thus, “where an allegation of fraud is not essential to the cause of action pleaded except as an answer to an anticipated defense of Statute of Limitations, courts look for the reality, and the essence of the action and not its mere name’” (id., quoting Brick v Cohn-Hall-Marx Co., 276 NY 259, 264 [1937]). | 2 | 3 |
In re the Arbitration between Paver & Wildfoerster & Catholic High School Ass'ngreen1 sentence1985To avoid the contract action Statute of Limitations, they cast their claims in fraud, alleging that the defendant’s books contained fraudulent entries; that the defendant falsely represented to the plaintiffs that it had paid all that was due under the contract and had accounted for all the sales that were made; and that the plaintiffs did not discover the falsity of these facts until February of 1936 (supra, at p 263). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||