48 Cited authorities

  1. Leon v. Martinez

    84 N.Y.2d 83 (N.Y. 1994)   Cited 7,309 times   2 Legal Analyses
    Holding that the allegations in the complaint and the supporting affidavits were adequate to withstand a motion to dismiss
  2. N Y Univ v. Continental Ins Co.

    87 N.Y.2d 308 (N.Y. 1995)   Cited 1,645 times   3 Legal Analyses
    Holding that allegations Of breach of contract "and any covenants implied" do not sound in fraud
  3. W.W.W. Assocs v. Giancontieri

    77 N.Y.2d 157 (N.Y. 1990)   Cited 1,934 times
    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
  4. Eurycleia v. Seward Kissel

    2009 N.Y. Slip Op. 4299 (N.Y. 2009)   Cited 872 times   1 Legal Analyses
    Holding CPLR 3016(b) is satisfied "when the facts suffice to permit a 'reasonable inference" of the alleged misconduct
  5. Pension Fund v. Marine Bank

    85 N.Y.2d 20 (N.Y. 1995)   Cited 1,210 times
    Holding that the definition of deceptive acts and practices under GBL § 349 includes "representations or omissions"
  6. Stutman v. Chemical Bank

    95 N.Y.2d 24 (N.Y. 2000)   Cited 642 times   4 Legal Analyses
    Holding that reliance is not required, and that "the materiality of the omission or misstatement satisfies the causation requirement"
  7. Pludeman v. Northern Leasing

    2008 N.Y. Slip Op. 4183 (N.Y. 2008)   Cited 460 times
    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
  8. Gaidon v. the Guardian Life Insurance Co. of America

    94 N.Y.2d 330 (N.Y. 1999)   Cited 469 times
    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"
  9. Diaz v. New York Downtown Hospital

    99 N.Y.2d 542 (N.Y. 2002)   Cited 404 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"
  10. Consolidated Edison Co. of N.Y. v. Allstate Ins. Co.

    98 N.Y.2d 208 (N.Y. 2002)   Cited 335 times   21 Legal Analyses
    Holding that indemnity should be allocated pro rata