Legal Opinion
Crescentini v. Slate Hill Biomass Energy, LLC
Appellate Division of the Supreme Court of the State of New York
Decided January 29, 2014PublishedCited by 4 opinions
1Opinion of the Court
Contrary to the contentions of the defendants Slate Hill Bio*807mass Energy, LLC, and Loretta Oliva (hereinafter together the Slate Hill defendants), the Supreme Court properly denied their motion pursuant to CPLR 3211 (a) and 3016 (b) to dismiss the complaint insofar as asserted against them on the ground that the plaintiff failed to plead fraud with the requisite specificity. To properly plead a cause of action to recover damages for fraud, a plaintiff must allege that (1) the defendant made a false representation of fact, (2) the defendant had knowledge of the falsity, (3) the…
2Cases cited6 opinions
- Eurycleia Partners, LP v. Seward & Kissel, LLPNew York Court of Appeals · 2009
- Pludeman v. NORTHERN LEASINGNew York Court of Appeals · 2008
- Pace v. Raisman & Associates Esqs., LLPAppellate Division of the Supreme Court of the State of New York · 2012
- Auguston v. SpryAppellate Division of the Supreme Court of the State of New York · 2001
- McDonnell v. BradleyAppellate Division of the Supreme Court of the State of New York · 2013
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3Cited by4 opinions
- Michaan v. Gazebo Horticultural, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Michaan v. Gazebo Horticultural, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Nerey v. Greenpoint Mortgage Funding, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Nerey v. Greenpoint Mortgage Funding, Inc.Appellate Division of the Supreme Court of the State of New York · 2014