25 Cited authorities

  1. Goshen v. Mut. Life Ins. Co. of New York

    98 N.Y.2d 314 (N.Y. 2002)   Cited 2,497 times   1 Legal Analyses
    Holding that the in-state "origin of any advertising or promotional conduct is irrelevant if the deception itself" occurred out of state and that merely "'hatching a scheme' or originating a marketing campaign in New York" is not actionable under the statute
  2. Rovello v. Orofino Realty Co.

    40 N.Y.2d 633 (N.Y. 1976)   Cited 1,941 times   1 Legal Analyses
    Ruling that on motion to dismiss under CPLR 3211, "court may freely consider affidavits submitted by the plaintiff to remedy any defects in the complaint"
  3. Global Mins. v. Holme

    35 A.D.3d 93 (N.Y. App. Div. 2006)   Cited 407 times   1 Legal Analyses
    Holding that reliance on alleged misrepresentations was unreasonable as a matter of law
  4. Chimart Assoc. v. Paul

    66 N.Y.2d 570 (N.Y. 1986)   Cited 772 times
    Holding that the decisions by "sophisticated, counseled parties dealing at arm's length" in a "multimillion dollar transaction" to not contract for such rights must be given effect
  5. Centro Empresarial Cempresa S.A. v. América Móvil, S.A.B. de C.V.

    2011 N.Y. Slip Op. 4720 (N.Y. 2011)   Cited 311 times   1 Legal Analyses
    Holding that shareholders that had released unknown fraud claims arising out of the shareholders' ownership interest in a company could not base a rescission claim on allegations that defendants had induced the release by concealing the true value of that interest
  6. Basis Yield Alpha Fund v. Goldman Sachs Grp., Inc.

    115 A.D.3d 128 (N.Y. App. Div. 2014)   Cited 241 times
    Finding certain "disclaimers and disclosures" insufficient to "preclude, as a matter of law, plaintiff's claim of justifiable reliance on [the defendant's] misrepresentations and omissions"
  7. Swersky v. Dreyer Traub

    219 A.D.2d 321 (N.Y. App. Div. 1996)   Cited 285 times
    Holding that "the firm may be held liable to the same extent as the individual defendant"
  8. Sargiss v. Magarelli

    2009 N.Y. Slip Op. 4301 (N.Y. 2009)   Cited 189 times

    No. 93. Argued May 5, 2009. Decided June 4, 2009. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered April 29, 2008. The Appellate Division affirmed an order of the Supreme Court, Westchester County (Joan B. Lefkowitz, J.), which had granted the motion of defendant Marlene Magarelli and the separate motion of defendants Julius Sargiss, Alice Sargiss and Panrad Automotive Industries, Inc., to dismiss

  9. HSH Nordbank AG v. UBS AG

    95 A.D.3d 185 (N.Y. App. Div. 2012)   Cited 154 times
    Holding that general market information or industry-wide practices do not support a fraud claim
  10. DDJ Management, LLC v. Rhone Group LLC

    2010 N.Y. Slip Op. 5603 (N.Y. 2010)   Cited 156 times   2 Legal Analyses
    Suggesting that a Plaintiff "will often be justified" in accepting a written representation that certain facts are true rather than making its own inquiry