158 Cited authorities

  1. Connaughton v. Chipotle Mexican Grill, Inc.

    2017 N.Y. Slip Op. 3445 (N.Y. 2017)   Cited 478 times   1 Legal Analyses
    Affirming dismissal of fraud claim where plaintiff failed to allege "recoverable out-of-pocket loss" resulting from alleged fraud
  2. 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
  3. S.E. C. v. Capital Gains Bureau

    375 U.S. 180 (1963)   Cited 659 times   38 Legal Analyses
    Holding that an investment adviser who purchases a security for his own account and then recommends the same security to his client without disclosing that ownership violates the antifraud provision of the Act and breaches his fiduciary duty
  4. Gaidon v. the Guardian Life Insurance Co. of America

    94 N.Y.2d 330 (N.Y. 1999)   Cited 530 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"
  5. Purdue Pharma L.P. v. Kentucky

    704 F.3d 208 (2d Cir. 2013)   Cited 265 times   1 Legal Analyses
    Holding that the suit was not filed as a "class action" under CAFA because it contained none of the "hallmarks of Rule 23 class actions; namely, adequacy of representation, numerosity, commonality, typicality, or the requirement of class certification"
  6. State v. Seventh Regiment Fund, Inc.

    98 N.Y.2d 249 (N.Y. 2002)   Cited 305 times   1 Legal Analyses
    Holding demand futile where circumstances show good-faith possessor knows he has no right to goods
  7. Gaidon v. the Guardian Life Ins. Co. of America

    96 N.Y.2d 201 (N.Y. 2001)   Cited 268 times   3 Legal Analyses
    Holding that the six-year statute of limitations for common law fraud does not apply to a claim under section 349 because it is a statutory cause of action
  8. Channel Master Corp. v. Aluminium Limited Sales, Inc.

    4 N.Y.2d 403 (N.Y. 1958)   Cited 728 times
    Holding plaintiff seeking rescission of contract on ground of fraudulent inducement must establish "defendant knowingly uttered a falsehood intending to deprive the plaintiff of a benefit and that the plaintiff was thereby deceived and damaged"
  9. Roni LLC v. Arfa

    2011 N.Y. Slip Op. 9163 (N.Y. 2011)   Cited 146 times   1 Legal Analyses
    Finding fiduciary relationship in part because plaintiffs had "little or limited knowledge" of transactions' subject matter
  10. Brown v. Lockwood

    76 A.D.2d 721 (N.Y. App. Div. 1980)   Cited 342 times   2 Legal Analyses
    Noting that "a fiduciary or confidential relationship warrant the trusting party to repose his confidence in the defendant"
  11. Section 500.13 - Content and form of briefs in normal course appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.13

    (a) Content. All briefs shall conform to the requirements of section 500.1 of this Part and contain a table of contents, a table of cases and authorities, questions presented, point headings, and, if necessary, a disclosure statement pursuant to section 500.1(f) of this Part. Such disclosure statement shall be included before the table of contents in the party's principal brief. Appellant's brief shall include a statement showing that the court has jurisdiction to entertain the appeal and to review