Practice point: A plaintiff fails to plead a cause of action for fraud with sufficient particularity, pursuant to CPLR 3016[b], merely by alleging that defendant's representations were false, absent factual support for that assertion, and without pleading any of the other elements of fraud.
Practitioners should note that the essential elements of a cause of action sounding in fraud are representation of a material existing fact, falsity, scienter, deception and injury.
Case: Caldwell v. Gumley-Haft L.L.C., NY Slip Op 07968 (1st Dept. 2008)
The opinion is here.
