Wood Smith Henning & Berman is proud to announce a significant appellate win in the New York Appellate Division, Second Department, where the firm successfully defended against fraud claims. White Plains Managing Partner Michelle Arbitrio, Partner Jared Levy and their talented litigation defense team, achieved a decisive affirmance of the trial court's dismissal, protecting the client from prolonged and costly litigation.
The dispute arose from allegations that the plaintiff purchased a joint life annuity, only to later discover that the contract covered her mother alone as the single-life annuitant. Claiming fraudulent misrepresentation, she sought to recover more than a decade after the purchase, arguing that the statute of limitations did not apply because the defendants did not provide a contract to plaintiff in her native language and failed to adequately explain the policy in her native language.
WSHB moved to dismiss under CLPR 3211(a)(5), arguing the fraud claim was time-barred. The defense emphasized the plaintiff received both the annuity contract and the policy receipt in April 2008, documents that plainly disclosed the single-life nature of the annuity. Despite this, the lawsuit was not filed until July 2021, more than 13 years later.
On appeal, the Second Department agreed with WSHB, holding that the claim was untimely and the plaintiff failed to establish any basis for delayed discovery or tolling. The dismissal was upheld in full.
"This appellate win underscores the strength of our approach, combining meticulous document review with sharp legal argument," said Arbitrio. "It's another example of how our team consistently delivers results to protect our clients and set important precedent for future litigation."
Levy, who served as lead counsel for this matter at the appellate stage, added, "Fraud claims can linger for years if not aggressively challenged head-on. By focusing on the statute of limitations and leveraging the plaintiff's own documentation, we achieved a clean, decisive victory. This case shows how timing, evidence, and strategy can converge to deliver success."
This ruling reinforces two key lessons for litigation defense:
- Documentary evidence is critical. Reliance on clear, timely documentation can dismantle fraud-based claims.
- Procedural defenses remain powerful. Statutes of limitations continue to be essential tools in high-exposure disputes.
It is clear that strong appellate advocacy is vital. WSHB continually demonstrates excellence in defending clients at every stage, from trial to appeal. WSHB prides itself in its strong record of success in protecting clients from meritless claims in complex litigation.
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Experience the power of a proven industry leader in the law. Wood Smith Henning & Berman (WSHB) is renowned globally for our exceptional trial results and expertise in handling complex litigation. With our nationwide network of over 500 lawyers across 43 office locations, we are dedicated to providing comprehensive litigation and counsel to both public and private companies. From start-ups to Fortune 100 corporations, we deliver unrivaled legal representation that consistently achieves favorable outcomes for our clients.
At WSHB, our strength lies in our diverse and accomplished team of attorneys. We boast thought leaders and defense specialists in over 41 fields of practice, covering an extensive range of specialties. Founded in 1997, we are proud to be among the top ten law firms in the nation for diversity, female partners, female lawyers, and Hispanic lawyers. This rich tapestry of diversity forms the foundation of our success when presenting cases to juries of our peers, ensuring we understand the unique nuances underlying each claim.
Our expansive geographic footprint allows us to provide effective and efficient representation to clients nationwide, regardless of their location, background, or legal expertise. By prioritizing strategic and cost-effective approaches to litigation, our dedicated attorneys work tirelessly to protect the interests of our clients. We have a track record of success, securing numerous victories such as summary judgments and defense verdicts on behalf of our clients. As a trial firm, we have taken over 2,000 cases to verdict, making us well-equipped to handle even the most complex and high-stakes litigation matters across the country.