peculiar knowledge exception (New York) · Go Syfert
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peculiar knowledge exception in New York

5 New York opinions name it 2 courts 2011–2026 3 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Jana L. v. West 129th Street Realty Corp.green
nyappdiv · 2005 · cited in 2 New York opinions naming this issue, 2021–2021
2 sentences

2021Realty Corp ., 22 AD3d 274, 278 [1st Dept 2005]).

2021Realty Corp ., 22 AD3d 274, 278 [1st Dept 2005]).

22
Danann Realty Corp. v. Harrisgreen
ny · 1959 · cited in 2 New York opinions naming this issue, 2021–2021
2 sentences

2021Additionally, the peculiar knowledge exception to claims of fraudulent representation does not apply ( Danann Realty Corp. v Harris , 5 NY2d 317, 322 [1959]; Schumaker v Mather , 133 NY 590 , 596 [1892]; see also Jana L. v West 129th St.

2021Additionally, the peculiar knowledge exception to claims of fraudulent representation does not apply ( Danann Realty Corp. v Harris , 5 NY2d 317, 322 [1959]; Schumaker v Mather , 133 NY 590 , 596 [1892]; see also Jana L. v West 129th St.

22
MBIA Insurance v. Lynchgreen
nyappdiv · 2011 · cited in 2 New York opinions naming this issue, 2017–2026
2 sentences

2026Corp. v Merrill Lynch</i>, 81 AD3d 419, 419 [1st Dept 2011] [declining to apply the peculiar knowledge exception because the plaintiff was a sophisticated business entity that could have obtained the truth about defendants' allegedly fraudulent representations through investigation]).

2017Corp. v Merrill Lynch , 81 AD3d 419 (1st Dept 2011) ("Given their level of sophistication and the undisputed fact that the information was not exclusively in defendants' possession, plaintiffs' contention that it would have been impractical to conduct the investigation necessary to discern the truth of defendants' allegedly fraudulent representations does not satisfy the requirements of the peculiar knowledge exception.").

12
Hawthorne Group v. RRE Venturesgreen
nyappdiv · 2004 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

2011The cause of action for breach of the implied covenant of good faith and fair dealing cannot be maintained because it is premised on the same conduct that underlies the breach of contract cause of action and is “intrinsically tied to the damages allegedly resulting from a breach of the contract” (see Hawthorne Group v RRE Ventures, 7 AD3d 320, 323 [2004] [internal quotation marks and citation omitted]).

11
In re Linngreen
nyappdiv · 2000 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

2011Given their level of sophistication and the undisputed fact that the information was not exclusively in defendants’ possession, plaintiffs’ contention that it would have been impractical to conduct the investigation necessary to discern the truth of defendants’ allegedly fraudulent representations does not satisfy the requirements of the peculiar knowledge exception (see Steinhardt Group v Citicorp, 272 AD2d 255, 257 [2000]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Schumaker v. . Mather green
ny · 1892
2 sentences

2021Additionally, the peculiar knowledge exception to claims of fraudulent representation does not apply ( Danann Realty Corp. v Harris , 5 NY2d 317, 322 [1959]; Schumaker v Mather , 133 NY 590 , 596 [1892]; see also Jana L. v West 129th St.

2021Additionally, the peculiar knowledge exception to claims of fraudulent representation does not apply ( Danann Realty Corp. v Harris , 5 NY2d 317, 322 [1959]; Schumaker v Mather , 133 NY 590 , 596 [1892]; see also Jana L. v West 129th St.

22021–2021

Where else courts name it

NY 5 (2011–2026) DE 3 (2012–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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