Greentech Research LLC v. Wissman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (O. Peter Sherwood, J.), entered October 18, 2011, dismissing the complaint as against defendants Clark Hunt and Hunt Financial Ventures, L.P (HFV) unanimously affirmed, with costs.
The court properly dismissed the fraud claim for failure to plead fraud with the particularity required by CPLR 3016 (b) and for failure to plead loss causation (see Laub v Faessel, 297 AD2d 28, 31 [1st Dept 2002]). As the motion court noted, and as plaintiffs fail to refute on appeal, their losses were directly caused by the negative press reports about defendants, not by…
2Cases cited7 opinions
- Kimmell v. SchaeferNew York Court of Appeals · 1996
- P.T. Bank Central Asia v. ABN AMRO Bank N.V.Appellate Division of the Supreme Court of the State of New York · 2003
- Laub v. FaesselAppellate Division of the Supreme Court of the State of New York · 2002
- 175 East 74th Corp. v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1980
- Dobroshi v. Bank of AmericaAppellate Division of the Supreme Court of the State of New York · 2009
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