You are here: / / SPECIFICITY REQUIRED FOR A FRAUD CAUSE OF ACTION IS TEMPERED WHEN THE DETAILS...
,

SPECIFICITY REQUIRED FOR A FRAUD CAUSE OF ACTION IS TEMPERED WHEN THE DETAILS ARE EXCLUSIVELY WITHIN THE KNOWLEDGE OF THE DEFENDANT.

The Second Department, in affirming the denial of a motion to dismiss a cause of action for fraud, noted that the specificity required for a fraud complaint is tempered when the details are exclusively within the knowledge of the defendant:

A plaintiff asserting a cause of action alleging fraud is required to plead with particularity (see CPLR 3016[b]…). When, however, the operative facts are “peculiarly within the knowledge of the party” alleged to have committed the fraud, it may be impossible at the early stages of the proceeding for the plaintiff to detail all the circumstances constituting the fraud … . Thus, as the Court of Appeals has held, the pleading requirement of CPLR 3016(b) “should not be so strictly interpreted as to prevent an otherwise valid cause of action in situations where it may be impossible to state in detail the circumstances constituting a fraud'” … . Instead, the pleading requirement will be deemed to have been met “when the facts are sufficient to permit a reasonable inference of the alleged conduct” … . Bibbo v Arvanitakis, 2016 NY Slip Op 08194, 2nd Dept 12-7-16

FRAUD (SPECIFICITY REQUIRED FOR A FRAUD CAUSE OF ACTION IS TEMPERED WHEN THE DETAILS ARE EXCLUSIVELY WITHIN THE KNOWLEDGE OF THE DEFENDANT)/CIVIL PROCEDURE (MOTION TO DISMISS, FRAUD, SPECIFICITY REQUIRED FOR A FRAUD CAUSE OF ACTION IS TEMPERED WHEN THE DETAILS ARE EXCLUSIVELY WITHIN THE KNOWLEDGE OF THE DEFENDANT).DISMISS, MOTION TO (CIVIL, FRAUD, SPECIFICITY REQUIRED FOR A FRAUD CAUSE OF ACTION IS TEMPERED WHEN THE DETAILS ARE EXCLUSIVELY WITHIN THE KNOWLEDGE OF THE DEFENDANT)

You might also like
THE “PARTICULARITY” PLEADING-REQUIREMENTS FOR A FRAUD CAUSE OF ACTION DO NOT APPLY TO CAUSES OF ACTION ALLEGING A FRAUDULENT CONVEYANCE PURSUANT TO THE DEBTOR-CREDITOR LAW (SECOND DEPT).
Nurse Acting Under a Doctor’s Supervision Generally Cannot Commit Malpractice—Judgment Dismissing Nurse’s Complaint As a Matter of Law Pursuant to CPLR 4401 Was Properly Granted
IF PLAINTIFF DOES NOT REJECT AN UNTIMELY ANSWER SUBMITTED WITHOUT LEAVE OF COURT OR STIPULATION, OBJECTION TO THE ANSWER AS UNTIMELY IS WAIVED (SECOND DEPT).
THE ADMINISTRATOR OF THE ESTATE COULD SUE FOR DECEDENT’S CONSCIOUS PAIN AND SUFFERING BUT, BECAUSE THE WRONGFUL DEATH ACTION HAD NOT BEEN LISTED AS AN ASSET IN THE BANKRUPTCY PROCEEDING, THE ADMINISTRATOR DID NOT HAVE THE CAPACITY TO SUE ON BEHALF OF THE DISTRIUBUTEE FOR WRONGFUL DEATH (SECOND DEPT).
Second Foreclosure Action Not Prohibited Where First Is Not Pending and Did Not Result in a Judgment
THE APPLICABLE STATUTES OF LIMITATIONS FOR DECLARATORY-JUDGMENT CAUSES OF ACTION DEPEND ON THE NATURE OF THE UNDERLYING ALLEGATIONS; HERE THE ALLEGATIONS SOUNDED IN FRAUD, UNJUST ENRICHMENT AND VIOLATIONS OF THE REAL PROPERTY LAW; ALL WERE TIME-BARRED (SECOND DEPT).
Nonparents Did Not Demonstrate Standing to Bring Petition to Adopt
ABSENT AN ORDER BASED UPON AN EXCEPTION TO THE SECRECY PROVSIONS IN TAX LAW SECTION 697, THE NYS DEPARTMENT OF TAXATION AND FINANCE WAS NOT REQUIRED TO TURN OVER TAX FORMS SUBMITTED BY THE CORPORATE DEFENDANTS IN THIS LABOR LAW ACTION TO RECOVER UNPAID WAGES AND TIPS (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

MOTION TO VACATE DEFAULT DID NOT WAIVE RIGHT TO MOVE TO DISMISS THE FORECLOSURE... LABOR LAW CLAIMS PROPERLY DISMISSED, DEFENDANT WAS NOT AN AGENT OF THE OWNER...