What does the plaintiff have to plead to state a claim for fraud or misrepresentation?<\/p>\n
The basic elements of a claim for fraud are a representation of fact, the falsity of that representation, knowledge by the party who made it that it was false, justifiable reliance by the Plaintiff and resulting injury. Centro Empresarial Cempresa S.A. v. Am\u00e9rica M\u00f3vil, S.A.B. de C.V<\/em>., 17 N.Y.3d 269, 276 (2011). Fraud may also be based on a \u201cmaterial omission of fact.\u201d Mandarin Trading Ltd. v. Wildenstein,<\/em> 16 N.Y.3d 173, 178 (2011).<\/p>\n A claim for negligent misrepresentation requires \u201cthe existence of a special or privity-like relationship imposing a duty on the defendant to impart correct information to the plaintiff; that the information was incorrect; and reasonable reliance on the information.\u201d Mandarin Trading Ltd. v. Wildenstein<\/em>, 16 N.Y.3d 173, 180 (2011).<\/p>\n <\/p>\n If you have any legal questions or need help with fraud and\u00a0misrepresentation, please contact Attorney Scott Lanin at (212) 764-7250 x 201 or use the contact form in the right sidebar.<\/strong><\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":" What does the plaintiff have to plead to state a claim for fraud or misrepresentation? The basic elements of a claim for fraud are a representation of fact, the falsity of that representation, knowledge by the party who made it … Continue reading