158 Cited authorities

  1. Stutman v. Chemical Bank

    95 N.Y.2d 24 (N.Y. 2000)   Cited 652 times   4 Legal Analyses
    Holding that the defendant's misrepresentation caused a loss equal to the hidden fee
  2. S.E. C. v. Capital Gains Bureau

    375 U.S. 180 (1963)   Cited 597 times   34 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
  3. Gaidon v. the Guardian Life Insurance Co. of America

    94 N.Y.2d 330 (N.Y. 1999)   Cited 472 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"
  4. State v. Seventh Regiment Fund, Inc.

    98 N.Y.2d 249 (N.Y. 2002)   Cited 248 times   1 Legal Analyses
    Holding demand futile where circumstances show good-faith possessor knows he has no right to goods
  5. Gaidon v. the Guardian Life Ins. Co. of America

    96 N.Y.2d 201 (N.Y. 2001)   Cited 235 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
  6. Connaughton v. Chipotle Mexican Grill, Inc.

    2017 N.Y. Slip Op. 3445 (N.Y. 2017)   Cited 144 times
    Affirming dismissal of fraud claim where plaintiff failed to allege "recoverable out-of-pocket loss" resulting from alleged fraud
  7. Purdue Pharma L.P. v. Kentucky

    704 F.3d 208 (2d Cir. 2013)   Cited 147 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"
  8. Channel Master Corp. v. Aluminium Limited Sales, Inc.

    4 N.Y.2d 403 (N.Y. 1958)   Cited 706 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. Brown v. Lockwood

    76 A.D.2d 721 (N.Y. App. Div. 1980)   Cited 320 times   1 Legal Analyses
    Noting that "a fiduciary or confidential relationship warrant the trusting party to repose his confidence in the defendant"
  10. Roni LLC v. Arfa

    2011 N.Y. Slip Op. 9163 (N.Y. 2011)   Cited 121 times   1 Legal Analyses
    Finding fiduciary relationship in part because plaintiffs had "little or limited knowledge" of transactions' subject matter
  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