Showing results for 'pecuniary'

New State and Federal Decisions Provide Good Sound Bites for Pecuniary Damages Requirement, Attempting to Create Fraud from Contract, and Lack of Justifiable Reliance

June 29, 2020

...well-established case law that (1) only “pecuniary damages” resulting from the alleged fraud...were dismissed at the pleadings stage.
Pecuniary Damages
I have written often on the damages...for a cause of action for fraud, namely “pecuniary damages.”  The New York Court of Appeals...measure of damage is indemnity for the actual pecuniary loss sustained as the direct result of the....

Pecuniary Out-of-Pocket Damages Allowed on Appeal Even Though Lost Profits Erroneously Awarded at Trial

November 12, 2018

...specifically the so-called “out-of-pocket” rule or pecuniary damages. The courts often recite the rule that only pecuniary damages stemming directly from the fraud are recoverable...that the court erred in its calculation of damages.
Pecuniary Damages
On appeal, the Second Department agreed...true measure of damage is indemnity for the actual pecuniary loss sustained as the direct ...

New York’s High Court Has Little Appetite for Fraud Claim Against Chipotle Due to Lack of Pecuniary Damages

May 8, 2017

...alleged in the complaint recoverable, out-of-pocket, pecuniary loss resulting from the alleged fraud.  The decision...warning that great care should be taken in articulating pecuniary damages that are not speculative.
Plaintiff’s Fraudulent...maintained only where a party has suffered out-of-pocket pecuniary loss, not, as in plaintiff’s case, where damages...true measure of damage is ...

NY Commercial Division Rejects Claims for Fraud and Negligent Misrepresentation Because Plaintiff Fails to Allege Recoverable Pecuniary Damages

April 26, 2017

...the plaintiff had not adequately alleged sufficient pecuniary fraud damages.
The plaintiff invented a trading system...that plaintiff had not adequately alleged fraud-based pecuniary damages.  The Court applied the following analysis...York law requires that a party demonstrate actual pecuniary loss sustained as the direct result of the wrong,...cause of action.  As Justice Scarpulla ...
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