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Conclusory Claims Fall Short: Second Department Dismisses Fraud and GBL § 349 Claims Against Insurance Adjuster
Conclusory allegations, even when bolstered by informal communications, such as text messages, will not substitute for well-pleaded facts showing materially misleading conduct or a specific misrepresentation.
Jeffrey Haber
May 35 min read
Plaintiff Pleads Scheme to Defraud Sufficient to Put Defendants on Notice of the Conduct of Which They are Accused, But Nevertheless Fails to Plead The Elements of Fraud with Particularity
In CJS Indus. Inc. v. Dolce, 2025 N.Y. Slip Op. 05037 (1st Dept. Sept. 23, 2025, plaintiff sued RS Custom Woodworking and its representatives for fraud after winning an arbitration award. Both the motion court and the Appellate Division, First Department, found that plaintiff failed to plead fraud with the required particularity in compliance with CPLR 3016(b).
Jeffrey Haber
Sep 28, 20255 min read
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