Arias v. Women in Need, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment, Supreme Court, Bronx County (Barry Salman, J.), entered January 21, 1999, which *354granted defendant’s motion to dismiss the complaint for failure to state a cause of action and denied plaintiffs motion to amend the complaint on the merits, unanimously affirmed,” without costs.
The motion court properly found that each theory of recovery offered in the complaint, and in the proposed amended complaint, failed tó state a cause of action. Plaintiffs fraud claims were insufficiently stated due to his failure to set forth the elements of scienter and reasonable reliance. While the complaint…
2Cases cited8 opinions
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- New York University v. Continental InsuranceNew York Court of Appeals · 1995
- Dalton v. Union Bank of SwitzerlandAppellate Division of the Supreme Court of the State of New York · 1987
- Tannehill v. Paul Stuart, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- LeBreton v. WeissAppellate Division of the Supreme Court of the State of New York · 1998
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Chimarev v. TD Waterhouse Investor Services, Inc.District Court, S.D. New York · 2003
- Minovici v. Belkin BVAppellate Division of the Supreme Court of the State of New York · 2013
- Meyercord v. CurryAppellate Division of the Supreme Court of the State of New York · 2007
- Brady v. Calyon Securities (USA)District Court, S.D. New York · 2005
- Chimarev v. TD Waterhouse Investor Services, Inc.Court of Appeals for the Second Circuit · 2004
12 more not listed; retrieve them via the Exa API.