Roni LLC v. Arfa

2 Citing briefs

  1. The People by Eric T. Schneiderman,, Respondent,v.Credit Suisse Securities (USA) LLC,, et al., Appellants.

    Brief

    Filed March 21, 2018

    As reflected by the Attorney General’s own authority below, a claim for equitable fraud requires “a breach of legal or equitable duty, trust, or confidence” or circumstances by which “undue and unconscientious advantage is taken of another”. Moore v. Crawford, 130 U.S. 122, 128 (1889); see also Del Vecchio v. Nassau Cty., 118 A.D.2d 615, 617-18 (2d Dep’t 1986); Roni LLC v. Arfa, 74 A.D.3d 442, 444-45 (1st Dep’t 2010). This breach of a special relationship or situation of “unconscientious advantage” was what animated a court’s intervention in equity.

  2. Amusement Industry, Inc. et al v. Buchanan Ingersoll & Rooney, P.C. et al

    MEMORANDUM OF LAW in Support re: 43 MOTION to Dismiss 2nd through 7th Claims for Relief in the Amended Complaint.. Document

    Filed June 13, 2012

    The courts, however, have consistently held that friendship alone cannot establish a fiduciary relationship or create a basis for reasonable reliance in a business transaction. E.g., Roni LLC v. Arfa, 77 A.D.3d 442, 444, 903 N.Y.S.2d 352, 355 (1st Dep't 2010)("Plaintiffs also allege that the promoter defendants 14 Case 1:11-cv-04416-LAK-GWG Document 45 Filed 06/13/12 Page 20 of 32 `play[ecl] upon the cultural identities and friendship' of the Israeli investors, but personal connections of that sort alone between parties to business transactions do not establish a fiduciary relationship."); Wilson v. Diocese of New York of Episcopal Church, No. 96 Civ. 2400, 1998 WL 82921, at *11 (S.D.N.Y. Feb. 26, 1998)("` [F]riendship alone does not establish a confidential relationship.'")(quoting Johnston v. DeHaan, 37 A.D.2d 1028, 1029, 325 N.Y.S.2d 762, 764 (3d Dep't 1971));