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Law Offices of Jonathan M. Cooper

Q:
What if I am being sued for New York breach of contract, but I suspect that the other party to the agreement committed fraud?

A:
When one party to a New York contract makes a misstatement of fact or fails to reveal an important fact, such act may affect the outcome of such agreement. Fraud can serve as either an affirmative claim or as a defense for a party to a contract. If you are being threatened with a New York breach of contract lawsuit, contact an experienced attorney who can guide you through the process of protecting your legal interests.

Proving fraud as a defense to a breach of contract claim requires evidence of the following:
  • A statement was made or an important fact was omitted.
  • The statement made was false.
  • The party making the false statement had an intent to deceive.
  • The injured party reasonably relied on such statement.
  • That reliance resulted in an injury.

An example of an instance where fraud is a valid defense of a breach of contract is where the seller of a business sues to recover payment for the business, and the buyer demonstrates that the seller lied about the profitability of the company.

New York business litigation matters are complex and subject to strict statutes of limitations. It is essential that you consult with a qualified professional who can protect your interests following an alleged suspected breach. For more information and guidance, contact an experienced New York breach of contract attorney. Call our office today at (888) 497-3410 for a consultation.