Defendant's Attorney: John Charles Cleary

Description: New York, New York personal injury lawyer represented the Plaintiff who sued the Defendant on a fraud theory.

Squishable was started in 2007 by co-founders Aaron and Zoe. They didn't know anything about toys, but they figured it out. Over the last decade and a half.

"New York fraud law is complex and encompasses various statutes and common law principles that protect individuals and businesses from deceptive and misleading conduct. Here's a breakdown of key points:

Types of Fraud:

Deceptive Practices Act (DPA): Covers a broad range of deceptive and unfair business practices, including misrepresentations, omissions of material facts, false advertising, and predatory practices.
Common Law Fraud: Focuses on intentional misrepresentations made to induce another person to act to their detriment, causing harm. Elements include misrepresentation, materiality, reliance, and damages.
Other Frauds: Specific statutes address mortgage fraud, insurance fraud, securities fraud, and identity theft.

Key Elements of Fraud:

Misrepresentation: A false or misleading statement, either by words, actions, or silence.
Materiality: The misrepresentation must be about something important enough to influence the other person's decision.
Reliance: The other person must have actually relied on the misrepresentation to their detriment.
Damages: The other person must have suffered some form of harm, such as financial loss, emotional distress, or property damage.

Burden of Proof:

In civil cases, the plaintiff must prove fraud by a preponderance of the evidence, meaning it is more likely than not that the fraud occurred.
In criminal cases, the prosecution must prove fraud beyond a reasonable doubt, meaning there is no room for doubt that the fraud occurred.

Penalties for Fraud:

Civil remedies can include monetary damages, restitution, and injunctions to prevent future harm.
Criminal penalties can include fines, imprisonment, or both."

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Outcome: The Court having been advised that the parties have reached a settlement, it is, ORDERED, that the above-entitled action be and hereby is dismissed, without prejudice and costs to either party, subject to reopening should the settlement not be consummated within thirty (30) days of the date hereof. The Court will sign a Stipulation and Order of Settlement upon receipt from either party. In the event the parties require more than the 30 days to finalize the settlement, either party shall submit a letter to the Court. The Clerk of Court is directed to terminate the pending motions, deadlines, conferences, and this case.

Plaintiff's Experts:

Defendant's Experts:

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