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Pleading Requirements for Aiding and Abetting Fraud and Fraud Explained—Requirements Not Met Here

In finding that the cause of action for aiding and abetting fraud should have been dismissed, the Second Department explained the pleading requirements:

To plead a cause of action to recover damages for aiding and abetting fraud, a complaint must allege the existence of an underlying fraud, knowledge of the fraud by the aider and abettor, and substantial assistance by the aider and abettor in the achievement of the fraud … . Here, the complaint failed to adequately allege the existence of an underlying fraud. A plaintiff asserting a cause of action alleging fraud must plead all of the following elements: (1) a material misrepresentation or a material omission of fact which was false and which the defendant knew to be false, (2) made for the purpose of inducing the plaintiff to rely upon it, (3) the plaintiff’s justifiable reliance on the misrepresentation or material omission, and (4) injury … . In addition, in any action based upon fraud, “the circumstances constituting the wrong shall be stated in detail” (… see CPLR 3016[b]). “[A]n essential element of any fraud [claim] is that there must be reasonable reliance, to a party’s detriment, upon the representations made” by the defendant against whom the fraud claimed has been asserted … . The plaintiff must show a belief in the truth of the representation and a change of position in reliance on that belief… .  Nabatkhorian v Nabatkhorian, 2015 NY Slip Op 03335, 2nd Dept 4-22-15

 

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