New York City Health & Hospitals Corp. v. St. Barnabas Community Health Plan

Order, Supreme Court, New York County (Faviola A. Soto, J.), entered June 7, 2004, which granted plaintiff’s motion to dismiss defendant’s third counterclaim sounding in fraud and to strike certain counterclaim paragraphs, unanimously modified, on the law and the facts, the motion denied insofar as it seeks to strike counterclaim paragraphs 36, 37, 43-48, and 51-52, those paragraphs reinstated, and otherwise affirmed, without costs.

The elements of a fraud claim must be pleaded with particularity (CPLR 3016 [b]). Mere allegations of fraudulent intent are insufficient (Salles v Chase Manhattan…