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Case Number: 1:23-cv-05471
Judge: Katherine Polk Failla
Court: United States District Court for the District of Southern District of New York (Manhattan County)
Defendant's Attorney: No appearance
Description: New York, New York personal injury lawyers represented Plaintiff who sued Defendant on a fraud theory.
"New York fraud law is a set of laws that defines and prohibits fraud. Fraud is a broad term that can encompass a variety of different activities, including:
False pretenses: False pretenses is a type of fraud that occurs when someone makes a false statement with the intent to deceive another person and to obtain something of value from that person.
Fraudulent misrepresentation: Fraudulent misrepresentation is a type of fraud that occurs when someone makes a false statement that they know or should know is false, with the intent to deceive another person and to induce that person to act in reliance on the statement.
Identity theft: Identity theft is a type of fraud that occurs when someone steals another person's personal information, such as their name, Social Security number, or date of birth, and uses that information to commit fraud or other crimes.
Embezzlement: Embezzlement is a type of fraud that occurs when someone who is entrusted with another person's property or money steals or misappropriates that property or money.
Forgery: Forgery is a type of fraud that occurs when someone falsely makes or alters a document with the intent to deceive another person.
To be successful in a fraud lawsuit in New York, the plaintiff must prove the following elements:
The defendant made a false statement or misrepresentation.
The defendant knew or should have known that the statement was false.
The defendant intended to deceive the plaintiff.
The plaintiff relied on the false statement or misrepresentation.
The plaintiff suffered damages as a result of the defendant's fraud.
The penalties for fraud in New York can vary depending on the severity of the offense. Fraud can be a misdemeanor or a felony, and the penalties can include jail time, fines, and restitution.
If you believe that you have been the victim of fraud, you should speak with an attorney to discuss your legal options. An attorney can help you understand the law and determine if you have a case. They can also help you gather evidence and file a lawsuit, if necessary."
Outcome: NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(i): Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff James Atkinson, by and through his undersigned counsel of record, hereby dismisses his claims against Defendant Flat Rate Movers, LTD. without prejudice. Each party will bear their own costs and fees. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 8/8/2023) (rro) (Entered: 08/08/2023)