Dragon Investment Co. II LLC v. Shanahan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The statements which plaintiffs contend are fraudulent are contained in written communications dated March 12 and 24, 1999. The plain language of the complaint shows that those communications were made to defendant Fox, not to plaintiffs. The complaint’s conclusory allegations that Phoenix falsely represented to plaintiffs that it had approved a shareholders agreement fail to satisfy CPLR 3016 (b)’s requirement that fraud be pleaded with particularity (see e.g. Hernandez v New York City Law Dept. Corp. Counsel, 258 AD2d 390 [1999], appeal dismissed 93 NY2d 957 [1999], cert denied 529 US 1090…
2Cases cited10 opinions
- Kaufman v. CohenAppellate Division of the Supreme Court of the State of New York · 2003
- Sperry v. Crompton Corp.New York Court of Appeals · 2007
- Hornstein v. WolfNew York Court of Appeals · 1986
- Ust Private Equity Investors Fund, Inc. v. BarneyAppellate Division of the Supreme Court of the State of New York · 2001
- Charles Hyman, Inc. v. Olsen Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
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- Chiu v. Man Choi ChiuAppellate Division of the Supreme Court of the State of New York · 2010
- Davis v. Scottish Re Group Ltd.Appellate Division of the Supreme Court of the State of New York · 2016
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