Showing results for '3016'

Second Department Allows Fraud Claim Even Though Misrepresentation Could Have Been Discovered Through Public Records

August 27, 2018

...misrepresentation or fraud, “the circumstances constituting the wrong shall be stated in detail” (CPLR 3016[b]). Here, the complaint sufficiently stated a cause of action to recover damages for fraudulent misrepresentation...defendants contend that the complaint was not pleaded with the requisite specificity, the purpose of CPLR 3016(b)’s heightened pleading requirement &#...

Judge Spatt Dismisses Fraud Claims for Failing to Satisfy Specificity Required by FRCP 9(b)

May 15, 2017

...particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.”) is the federal equivalent of New York CPLR 3016(b) (“Where a cause of action or defense is based upon misrepresentation, fraud, mistake, willful default, breach of trust or undue influence, the circumstances constituting the ...

Subcontractor Avoids Disclaimer of Reliance on General Contractor Representations By Alleging Misrepresentations Made After the Disclaimer Concerning Subsequent Events

February 21, 2017

...insufficiencies in its pleading under CPLR 3016(b) with “affidavits submitted...summary of the law regarding CPLR 3016(b): When a plaintiff brings a...stated in detail” (CPLR 3016 [b]). “The purpose of section 3016 (b)’s pleading requirement...e have cautioned that section 3016 (b) should not be so strictly...8221; and although under CPLR 3016 (b) “the complaint ...
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