Practice point: To make out a prima facie case, the complaint must allege a misrepresentation of material fact, scienter, reliance and injury.
Practitioners should note that CPLR 3016(b) further requires that the pleadings must allege the circumstances in detail.
Case: Morales v. AMS Mtge. Servs., Inc., NY Slip Op 00234 (2d Dept 2010)
The opinion is here.
Tomorrow’s issue: Torts.
