Practice point: A cause of action sounding in fraudulent representation requires a showing that defendant spoke a falsehood intending to deprive plaintiff of a benefit, and that plaintiff was thereby damaged.
Students should note that the heightened pleading standard of CPLR 3016(b) requires only that the allegation be set forth so that defendant is informed of the incident complained of.
Case: RBE Northern Funding, Inc. v. Stone Mountain Holdings, LLC, NY Slip Op 08086 (2d Dept. 2010)
Here is the decision.
Monday’s issue: Motion practice.
