Fried v. Lehman Bros. Real Estate Associates III, L.P.

Judgment, Supreme Court, New York County (Saliann Scarpulla, J.), entered August 25, 2016, dismissing the amended complaint against defendants-respondents, unanimously affirmed, without costs.

The first and second causes of action, alleging fraudulent misrepresentation and gross negligence in misrepresentation, failed to satisfy the pleading requirements of CPLR 3016 (b). The allegations of scienter here were not pleaded with the requisite particularity, but are conclusory, and scienter may not reasonably be inferred from the circumstantial evidence relied on by plaintiffs (see Giant Group v…