Rosenfeld v. Rosenfeld

The essential elements of an action for fraud and deceit are representation, falsity, scienter, deception and injury. When these elements are sufficiently pleaded the complaint will withstand a dismissal.

By order of the Supreme Court, New York county, in a separation action, Benjamin Rosenfeld, husband of the plaintiff, was directed to pay to her alimony, pendente lite, at the rate of twenty dollars per week. On June 23, 1932, he was in default of five weeks’ payment. On that day the defendant in the instant action made the following representations to the plaintiff through her attorneys:…