48 Cited authorities

Leon v. Martinez
84 N.Y.2d 83 (N.Y. 1994) Cited 9,636 times 4 Legal Analyses
Holding that the allegations in the complaint and the supporting affidavits were adequate to withstand a motion to dismiss
Eurycleia v. Seward Kissel
2009 N.Y. Slip Op. 4299 (N.Y. 2009) Cited 1,144 times 2 Legal Analyses
Holding CPLR 3016(b) is satisfied "when the facts suffice to permit a 'reasonable inference" of the alleged misconduct
N Y Univ v. Continental Ins Co.
87 N.Y.2d 308 (N.Y. 1995) Cited 1,903 times 5 Legal Analyses
Holding that allegations Of breach of contract "and any covenants implied" do not sound in fraud
W.W.W. Assocs v. Giancontieri
77 N.Y.2d 157 (N.Y. 1990) Cited 2,206 times 5 Legal Analyses
Holding that extrinsic evidence was immaterial, in part because the contract plainly manifested intent that all prior understandings were merged into the contract, which expressed the parties' full agreement
Pension Fund v. Marine Bank
85 N.Y.2d 20 (N.Y. 1995) Cited 1,518 times 1 Legal Analyses
Holding that the definition of deceptive acts and practices under GBL § 349 includes "representations or omissions"
Stutman v. Chemical Bank
95 N.Y.2d 24 (N.Y. 2000) Cited 761 times 5 Legal Analyses
Holding that statutory consumer-fraud claims do "not require proof of actual reliance," but do require causation
Pludeman v. Northern Leasing
2008 N.Y. Slip Op. 4183 (N.Y. 2008) Cited 584 times 3 Legal Analyses
Finding that the very nature of the scheme, as alleged, gives rise to the reasonable inference that the defendants knew of or were involved in the fraud
Diaz v. New York Downtown Hospital
99 N.Y.2d 542 (N.Y. 2002) Cited 601 times
Granting summary judgment to plaintiff, noting that plaintiff's expert failed "to provide any factual basis for her conclusion that the guidelines establish or are reflective of a generally-accepted standard or practice"
Gaidon v. the Guardian Life Insurance Co. of America
94 N.Y.2d 330 (N.Y. 1999) Cited 531 times 1 Legal Analyses
Holding that vanishing premium sales practices, as pled, "fall within the purview" of the state deceptive business practices statute but do "not constitute a `misrepresentation or material omission' necessary to sustain a cause of action for fraud"
Consolidated Edison Co. of N.Y. v. Allstate Ins. Co.
98 N.Y.2d 208 (N.Y. 2002) Cited 436 times 21 Legal Analyses
Holding that indemnity should be allocated pro rata

Michael J. Carlson, Sr.,, Appellant,v.American International Group, Inc., et al., Respondents.

48 Cited authorities

Holding that the allegations in the complaint and the supporting affidavits were adequate to withstand a motion to dismiss

Holding CPLR 3016(b) is satisfied "when the facts suffice to permit a 'reasonable inference" of the alleged misconduct

Holding that allegations Of breach of contract "and any covenants implied" do not sound in fraud

Holding that extrinsic evidence was immaterial, in part because the contract plainly manifested intent that all prior understandings were merged into the contract, which expressed the parties' full agreement

Holding that the definition of deceptive acts and practices under GBL § 349 includes "representations or omissions"

Holding that statutory consumer-fraud claims do "not require proof of actual reliance," but do require causation

Finding that the very nature of the scheme, as alleged, gives rise to the reasonable inference that the defendants knew of or were involved in the fraud

Granting summary judgment to plaintiff, noting that plaintiff's expert failed "to provide any factual basis for her conclusion that the guidelines establish or are reflective of a generally-accepted standard or practice"

Holding that vanishing premium sales practices, as pled, "fall within the purview" of the state deceptive business practices statute but do "not constitute a `misrepresentation or material omission' necessary to sustain a cause of action for fraud"

Holding that indemnity should be allocated pro rata