Fraud, and the summary judgment burden.

Practice point: The essential elements of a cause of action sounding in fraud are a misrepresentation or a material omission of fact which was false and known to be false by the defendant, made for the purpose of inducing the other party to rely upon it; justifiable reliance of the other party on the misrepresentation or material omission; and injury.

Student note: A party does not carry its burden in moving for summary judgment by pointing to gaps in its opponent's proof, but must affirmatively demonstrate the merit of its claim or defense.

Case: River Ridge Living Ctr., LLC v. ADL Data Sys., Inc., NY Slip Op 06066 (2d Dept. 2012).

Here is the decision. 

Tomorrow’s issue: Discovery demand for medical records.