Practice point: The complaint must allege a
misrepresentation or a material omission of fact which was false and
known to be false by 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 claim rooted in fraud must be pleaded with the requisite particularity, pursuant to CPLR 3016(b).
Case: FNF Touring LLC v. Transformer Am. Corp., NY Slip 07248 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: A claim sounding in medical malpractice, negligence, and lack of informed consent.
