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First Department Rejects Fraud Claim Predicated on Allegations from Another Action
In Delgado v. 27-51 Jackson Ave. LLC, 2026 N.Y. Slip Op. 05593 (1st Dept. Oct. 1, 2026), the Appellate Division, First Department reaffirmed that fraud claims must be based on particularized facts, not suspicion, guilt by association, or allegations from other lawsuits. The Court held that unproven accusations in separate actions were insufficient to establish that the plaintiff made any misrepresentation.
Jeffrey Haber
Oct 55 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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