Bailey v. Cnty. of Yates, 265 A.D.2d 934 (N.Y. App. Div. 1999). · Go Syfert
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Bailey v. Cnty. of Yates, 265 A.D.2d 934 (N.Y. App. Div. 1999). Cases Citing This Book View Copy Cite
20 citation events (20 in the last 25 years) across 8 distinct courts.
Strongest positive: Schwartz v. Sensi, LLC (nysd, 2022-02-25)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Schwartz v. Sensi, LLC
S.D.N.Y. · 2022 · confidence medium
“The elements of constructive fraud are the same as those for actual fraud, except that the element of scienter is replaced by a fiduciary or confidential relationship between the parties.” Wilson v. Dantas, 746 F.3d 530 , 536 n.2 (2d Cir. 2014) (quoting Klembczyk v. Di Nardo, 265 A.D.2d 934, 936 (4th Dep’t 1999)). “[T]he crux of a confidential relationship is justifiable trust,” and a confidential relationship “typically” “involves a relationship of trust such as parent and child, husband and wife, guardian and ward, trustee and cestui que trust, principal and agent, or attorn…
discussed Cited as authority (rule) Pottorff v. Centra Fin. Group, Inc.
N.Y. App. Div. · 2021 · confidence medium
Plaintiff has also sufficiently stated a claim for constructive fraud inasmuch as the amended complaint alleged the existence of a fiduciary relationship between plaintiff and defendants ( see Klembczyk v DiNardo , 265 AD2d 934, 935 [4th Dept 1999]; see also Stuart Silver Assoc. v Baco Dev.
discussed Cited as authority (rule) In re the Estate of Malone
N.Y. App. Div. · 2007 · confidence medium
Bank v Chase, 226 AD2d 1034, 1035-1036 [1996]; see also McFarland v Michel, 2 AD3d 1297, 1298 [2003]; Matter of La Bier v La Bier, 291 AD2d 730, 732 [2002], lv dismissed 98 NY2d 671 [2002]; Klembczyk v DiNardo, 265 AD2d 934, 934 [1999]; Silberman v Antar, 236 AD2d 385, 385 [1997]; Terner v Terner, 44 AD2d 702, 702 [1974]).
discussed Cited as authority (rule) Ajettix Inc. v. Raub
N.Y. Sup. Ct. · 2005 · confidence medium
Constructive fraud is similar to fraudulent concealment except that the element of scienter need not be proven (Klembczyk v DiNardo, 265 AD2d 934, 936 [1999]). “[T]he element[ ] of scienter ... is dropped and is replaced by a requirement that the plaintiff prove the existence of a fiduciary or confidential relationship” (Br own v Lockwood, 76 AD2d 721, 731 [1980] [citations omitted]).
discussed Cited as authority (rule) MS Partnership v. Wal-Mart Stores, Inc.
N.Y. App. Div. · 2003 · confidence medium
We conclude that, although plaintiff may have raised an issue of fact whether 81 & 3 acted recklessly in signing the certificate of substantial completion and estoppel certificate without first inspecting the building, there is no evidence that defendants issued the certificates with the intent to deceive plaintiff (cf. Klembczyk v DiNardo, 265 AD2d 934, 935 [1999]).
discussed Cited "see" Wilson v. Dantas
2d Cir. · 2014 · signal: see · confidence high
See Klembczyk v. Di Nardo, 265 A.D.2d 934 , 705 N.Y.S.2d 743, 744 (4th Dep’t 1999) ("The elements of constructive fraud are the same as those for actual fraud, except that the element of scienter is replaced by a fiduciary or confidential relationship between the parties.”). 3 .
cited Cited "see, e.g." Queen v. Schultz
D.D.C. · 2012 · signal: see, e.g. · confidence low
See, e.g., Klembczyk v. DiNardo, 265 A.D.2d 934 , 705 N.Y.S.2d 743, 744 (1999).
Retrieving the full opinion text from the archive…
In the Matter of Robin L. Bailey
v.
County of Yates
Appellate Division of the Supreme Court of the State of New York.
Oct 1, 1999.
265 A.D.2d 934
Cited by 2 opinions  |  Published

—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly held that the determination of respondent Yates County Legislature upholding the decision of the Grievance Hearing Committee denying petitioner’s grievance was not arbitrary or capricious and had a rational basis (see, CPLR 7803 [3]; Matter of Pell v Board of Educ., 34 NY2d 222, 231). Pursuant to the collective bargaining agreement, respondent County of Yates (County) was not required to accept the advisory opinion of the arbitrator (see, Matter of Plainedge Fedn. of Teachers v Plainedge Union Free School Dist., 58 NY2d 902). Finally, the County is not estopped from denying petitioner’s request for relief based on erroneous advice given by its employee (see, Matter of Smith v New York State & Local Retirement Sys., 199 AD2d 763, 764; see also, Matter of E.F.S. Ventures Corp. v Foster, 71 NY2d 359, 371). (Appeal from Judgment of Supreme Court, Yates County, Bender, J. — CPLR art 78.) Present — Lawton, J. P., Hayes, Pigott, Jr., Hurlbutt and Scudder, JJ.