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· 2/4/2005

Simmons v. Travis

Citations

  • 15 A.D.3d 896
  • 788 N.Y.S.2d 752
  • 2005 N.Y. App. Div. LEXIS 1244

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • punitive damages “may be awarded when the proof establishes that [defendant’s] conduct is gross, wanton, or willful”
  • allegation that defendant made a statement concerning a future act with the knowledge or intention that such act would not occur was sufficient to support action for fraud
  • attorney made repeated misrepresentations to client’s creditor, the plaintiff, to its detriment
  • cause of action for fraud requires proof of representation of fact which is false and known to be false when made, which is offered to deceive another and with intention to induce other to act or refrain from acting
  • although generally punitive damages are not available where defendant is found to have fraudulently removed property from reach of judgment creditor, such damages available where defendant, a lawyer, abused his professional status by repeated fraudulent misrepresentations

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.