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33 New York opinions name it 3 courts 1976–2026 4 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.
| Case | Followed | Cited |
|---|---|---|
Theaprin Pharmaceuticals, Inc. v. Conwaygreen2 sentences2024The proponent of an action alleging breach of fiduciary duty is held to the heightened pleading requirement promulgated by CPLR § 3016(b) and as such, where the damages alleged are threadbare and conclusory, the complaint must be dismissed ( Mann v Sasson , 186 AD3d 823, 824 [2d Dept 2020] ["Here, the sixth cause of action, alleging breach of fiduciary duty against the Berger defendants, contained only bare and conclusory allegations related to damages, without any supporting detail, and failed to satisfy the requirements of CPLR 3016(b)."]; see Theaprin Pharm., Inc. v Conway , 137 AD3d 1254, 2024The proponent of an action alleging breach of fiduciary duty is held to the heightened pleading requirement promulgated by CPLR § 3016(b) and as such, where the damages alleged are threadbare and conclusory, the complaint must be dismissed ( Mann v Sasson , 186 AD3d 823 , 824 [2d Dept 2020] ["Here, the sixth cause of action, alleging breach of fiduciary duty against the Berger defendants, contained only bare and conclusory allegations related to damages, without any supporting detail, and failed to satisfy the requirements of CPLR 3016(b)."]; see Theaprin Pharm., Inc. v Conway , 137 AD3d 1254, | 2 | 4 |
Flandera v. AFA America, Inc.green2 sentences2013Tech., 51 AD3d 1390, 1391-1392 [2008]; cf. Flandera v AFA Am., Inc., 78 AD3d 1639, 1640-1641 [2010]). 2013Tech., 51 AD3d 1390, 1391-1392 [2008]; cf. Flandera v AFA Am., Inc., 78 AD3d 1639, 1640-1641 [2010]). | 2 | 3 |
Simmons v. Washing Equipment Technologiesgreen2 sentences2013Tech., 51 AD3d 1390, 1391-1392 [2008]; cf. Flandera v AFA Am., Inc., 78 AD3d 1639, 1640-1641 [2010]). 2013Tech., 51 AD3d 1390, 1391-1392 [2008]; cf. Flandera v AFA Am., Inc., 78 AD3d 1639, 1640-1641 [2010]). | 2 | 3 |
Palmetto Partners, L.P. v. AJW Qualified Partners, LLCgreen2 sentences2024The proponent of an action alleging breach of fiduciary duty is held to the heightened pleading requirement promulgated by CPLR § 3016(b) and as such, where the damages alleged are threadbare and conclusory, the complaint must be dismissed ( Mann v Sasson , 186 AD3d 823, 824 [2d Dept 2020] ["Here, the sixth cause of action, alleging breach of fiduciary duty against the Berger defendants, contained only bare and conclusory allegations related to damages, without any supporting detail, and failed to satisfy the requirements of CPLR 3016(b)."]; see Theaprin Pharm., Inc. v Conway , 137 AD3d 1254, 2024The proponent of an action alleging breach of fiduciary duty is held to the heightened pleading requirement promulgated by CPLR § 3016(b) and as such, where the damages alleged are threadbare and conclusory, the complaint must be dismissed ( Mann v Sasson , 186 AD3d 823 , 824 [2d Dept 2020] ["Here, the sixth cause of action, alleging breach of fiduciary duty against the Berger defendants, contained only bare and conclusory allegations related to damages, without any supporting detail, and failed to satisfy the requirements of CPLR 3016(b)."]; see Theaprin Pharm., Inc. v Conway , 137 AD3d 1254, | 2 | 2 |
Swartz v. Swartzgreen2 sentences2024The proponent of an action alleging breach of fiduciary duty is held to the heightened pleading requirement promulgated by CPLR § 3016(b) and as such, where the damages alleged are threadbare and conclusory, the complaint must be dismissed ( Mann v Sasson , 186 AD3d 823, 824 [2d Dept 2020] ["Here, the sixth cause of action, alleging breach of fiduciary duty against the Berger defendants, contained only bare and conclusory allegations related to damages, without any supporting detail, and failed to satisfy the requirements of CPLR 3016(b)."]; see Theaprin Pharm., Inc. v Conway , 137 AD3d 1254, 2024The proponent of an action alleging breach of fiduciary duty is held to the heightened pleading requirement promulgated by CPLR § 3016(b) and as such, where the damages alleged are threadbare and conclusory, the complaint must be dismissed ( Mann v Sasson , 186 AD3d 823 , 824 [2d Dept 2020] ["Here, the sixth cause of action, alleging breach of fiduciary duty against the Berger defendants, contained only bare and conclusory allegations related to damages, without any supporting detail, and failed to satisfy the requirements of CPLR 3016(b)."]; see Theaprin Pharm., Inc. v Conway , 137 AD3d 1254, | 2 | 2 |
Cohen v. Kachroogreen2 sentences2024A breach of fiduciary duty claim, which is duplicative of a claim for legal malpractice cannot stand and must be dismissed ( Cohen v Kachroo , 115 AD3d 512, 513 [1st Dept 2014] ["Plaintiff's cause of action alleging breach of fiduciary duty is dismissed as duplicative of the legal malpractice cause of action. 2024A breach of fiduciary duty claim, which is duplicative of a claim for legal malpractice cannot stand and must be dismissed ( Cohen v Kachroo , 115 AD3d 512, 513 [1st Dept 2014] ["Plaintiff's cause of action alleging breach of fiduciary duty is dismissed as duplicative of the legal malpractice cause of action. | 2 | 2 |
Wadsworth v. Beaudetgreen2 sentences2013In any event, even construing the complaint liberally and according plaintiff the benefit of every favorable inference, it does not set forth the allegedly defamatory statement with sufficient particularity to satisfy the requirement of CPLR 3016 (a), as plaintiff conceded before Supreme Court (see Dobies v Brefka, 273 AD2d 776, 777-778 [2000], lv dismissed 95 NY2d 931 [2000]; Wadsworth v Beaudet, 267 AD2d 727, 729 [1999]). 2013In any event, even construing the complaint liberally and according plaintiff the benefit of every favorable inference, it does not set forth the allegedly defamatory statement with sufficient particularity to satisfy the requirement of CPLR 3016 (a), as plaintiff conceded before Supreme Court (see Dobies v Brefka, 273 AD2d 776, 777-778 [2000], lv dismissed 95 NY2d 931 [2000]; Wadsworth v Beaudet, 267 AD2d 727, 729 [1999]). | 2 | 2 |
Dobies v. Brefkagreen2 sentences2013In any event, even construing the complaint liberally and according plaintiff the benefit of every favorable inference, it does not set forth the allegedly defamatory statement with sufficient particularity to satisfy the requirement of CPLR 3016 (a), as plaintiff conceded before Supreme Court (see Dobies v Brefka, 273 AD2d 776, 777-778 [2000], lv dismissed 95 NY2d 931 [2000]; Wadsworth v Beaudet, 267 AD2d 727, 729 [1999]). 2013In any event, even construing the complaint liberally and according plaintiff the benefit of every favorable inference, it does not set forth the allegedly defamatory statement with sufficient particularity to satisfy the requirement of CPLR 3016 (a), as plaintiff conceded before Supreme Court (see Dobies v Brefka, 273 AD2d 776, 777-778 [2000], lv dismissed 95 NY2d 931 [2000]; Wadsworth v Beaudet, 267 AD2d 727, 729 [1999]). | 2 | 2 |
Lanzi v. Brooksgreen2 sentences2009Socy. of U.S., 83 NY2d 603, 614 [1994]; Eastman Kodak Co. v Roopak Enters., 202 AD2d 220, 222 [1994]; Lanzi, 54 AD2d at 1058). 1996Turning to the causes of action for reformation and fraud, we note that to properly plead a cause of action for fraud, the essential elements must be supported by factual allegations sufficient to satisfy the requirements of CPLR 3016 (b), which imposes a more stringent standard of pleading by providing that the circumstances constituting the alleged fraud must be stated in detail (see, Pitcherello v Moray Homes, 150 AD2d 860, 862 ; Lanzi v Brooks, 54 AD2d 1057, 1058 , affd 43 NY2d 778 ). | 1 | 5 |
Mann v. Sassongreen2 sentences2026Insofar as the plaintiff alleged that Rose violated his fiduciary duty by acquiring and developing land adjacent to the LLC's property, the plaintiff's bare and conclusory allegations related to damages, without any supporting detail, failed to satisfy the requirements of CPLR 3016(b) ( see Mann v Sasson , 186 AD3d 823, 824 ). 2024The proponent of an action alleging breach of fiduciary duty is held to the heightened pleading requirement promulgated by CPLR § 3016(b) and as such, where the damages alleged are threadbare and conclusory, the complaint must be dismissed ( Mann v Sasson , 186 AD3d 823, 824 [2d Dept 2020] ["Here, the sixth cause of action, alleging breach of fiduciary duty against the Berger defendants, contained only bare and conclusory allegations related to damages, without any supporting detail, and failed to satisfy the requirements of CPLR 3016(b)."]; see Theaprin Pharm., Inc. v Conway , 137 AD3d 1254, | 1 | 3 |
Eastman Kodak Co. v. Roopak Enterprises Ltd.green2 sentences2009Socy. of U.S., 83 NY2d 603, 614 [1994]; Eastman Kodak Co. v Roopak Enters., 202 AD2d 220, 222 [1994]; Lanzi, 54 AD2d at 1058). 1994We note, in any event, that the plaintiffs allegation of fraud is merely conclusory, and does not satisfy the requirement in CPLR 3016 (b) that the pleading specify the details constituting the wrong (see, e.g., Eastman Kodak Co. v Roopak Enters., 202 AD2d 220 ; 125 Assocs. v Cralin Trading Assocs., 196 AD2d 630 ; Elsky v KM Ins. | 1 | 2 |
Matter of Lynch v. Duffygreen1 sentence2022Generally, a petition to invalidate a designating petition will satisfy the specificity requirements of CPLR 3016(b) where it incorporates by reference objections made to the Board of Elections in compliance with 9 NYCRR 6204.1(a) ( see Matter of Lynch v Duffy , 172 AD3d at 1372-1373; Matter of Haygood [*2]v Hardwick , 110 AD3d 931 , 932; LaMarca v Quirk , 110 AD3d 808, 810 ). | 1 | 1 |
Goel v. Ramachandrangreen1 sentence2018Moreover, the complaint is devoid of allegations identifying circumstances from which the bank's actual knowledge of the fraud could be discerned ( see CDR Créances S.A.S. v First Hotels & Resorts Invs., Inc. , 101 AD3d 485 , 486-487 [1st Dept 2012]; Goel v Ramachandran , 111 AD3d 783, 792-793 [2d Dept 2013] [CPLR 3016 specificity requirement applies to allegation of actual knowledge of aider and abettor]). | 1 | 1 |
People v. Katzgreen1 sentence2015It should be noted that CPLR 3016 (b)’s specificity requirements apply to Martin Act claims because CPLR 3016 (b) applies to all causes of “action based upon fraud, misrepresentation, mistake, [and] willful default.” (See People v Charles Schwab & Co., Inc., 33 Misc 3d 1221[A] , 2011 NY Slip Op 52042[U] , *5-6 [Sup Ct, NY County 2011, Sherwood, J.], citing People v Katz, 84 AD2d 381, 385 [1st Dept 1982].) As noted earlier, the question of whether the NYAG’s pleadings contain sufficient detail will be addressed on the motion to dismiss the AC. . | 1 | 1 |
Rocanova v. Equitable Life Assurance Society of United Statesgreen1 sentence2009Socy. of U.S., 83 NY2d 603, 614 [1994]; Eastman Kodak Co. v Roopak Enters., 202 AD2d 220, 222 [1994]; Lanzi, 54 AD2d at 1058). | 1 | 1 |
Sirohi v. Leegreen1 sentence2008We agree with defendants, however, that the court erred in denying that part of their motion seeking to dismiss the fraud cause of action against WET for failure to state a cause of action (see CPLR 3211 [a] [7]), and we therefore modify the order accordingly. “[T]o properly plead a cause of action for fraud, the essential elements[, i.e., misrepresentation of a material fact, scienter, justifiable reliance, and injury,] must be supported by factual allegations sufficient to satisfy the requirements of CPLR 3016 (b), . . . [pursuant to which] the circumstances constituting the alleged fraud mu | 1 | 1 |
Sirohi v. Leegreen1 sentence2008We agree with defendants, however, that the court erred in denying that part of their motion seeking to dismiss the fraud cause of action against WET for failure to state a cause of action (see CPLR 3211 [a] [7]), and we therefore modify the order accordingly. “[T]o properly plead a cause of action for fraud, the essential elements[, i.e., misrepresentation of a material fact, scienter, justifiable reliance, and injury,] must be supported by factual allegations sufficient to satisfy the requirements of CPLR 3016 (b), . . . [pursuant to which] the circumstances constituting the alleged fraud mu | 1 | 1 |
Briand Parenteau Associates, Inc. v. HMC Associatesgreen1 sentence2008We agree with defendants, however, that the court erred in denying that part of their motion seeking to dismiss the fraud cause of action against WET for failure to state a cause of action (see CPLR 3211 [a] [7]), and we therefore modify the order accordingly. “[T]o properly plead a cause of action for fraud, the essential elements[, i.e., misrepresentation of a material fact, scienter, justifiable reliance, and injury,] must be supported by factual allegations sufficient to satisfy the requirements of CPLR 3016 (b), . . . [pursuant to which] the circumstances constituting the alleged fraud mu | 1 | 1 |
| Seltzer v. Fieldsgreen | 1 | 1 |
| Seltzer v. Fieldsgreen | 1 | 1 |
| WFB Telecommunications, Inc. v. NYNEX Corp.green | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lanzi v. Brooks
green
2 sentences1996Turning to the causes of action for reformation and fraud, we note that to properly plead a cause of action for fraud, the essential elements must be supported by factual allegations sufficient to satisfy the requirements of CPLR 3016 (b), which imposes a more stringent standard of pleading by providing that the circumstances constituting the alleged fraud must be stated in detail (see, Pitcherello v Moray Homes, 150 AD2d 860, 862 ; Lanzi v Brooks, 54 AD2d 1057, 1058 , affd 43 NY2d 778 ). 1992Further, the complaint contains sufficient details to satisfy the requirement of CPLR 3016 (b) (see, Lanzi v Brooks, 43 NY2d 778 ). | 5 | 1979–1996 |
Stein v. Doukas
green
2 sentences2018Here, inasmuch as the third counterclaim contained only bare and conclusory allegations, without any supporting detail, it failed to satisfy the requirements of CPLR 3016(b) ( see Stein v Doukas , 98 AD3d at 1025-1026 ; Gabriella Truck Sales v Reali , 258 AD2d 437 ). 2014Here, the third cause of action in the third-party complaint fails to satisfy the requirements of CPLR 3016 (b) because this cause of action contains only bare and conclusory allegations without any supporting detail (see Stein v Doukas, 98 AD3d at 1025-1026 ). | 3 | 2014–2018 |
Reno v. . Bull
green
2 sentences1986(Reno v Bull, 226 NY 546, 550 .) In addition, each of these essential elements must be supported by factual allegations sufficient to satisfy the requirement of CPLR 3016 (subd [b]) that 'the circumstances constituting the wrong shall be stated in detail’ when a cause of action based upon fraud or breach of trust is alleged. 1979(Reno v Bull, 226 NY 546, 550 .) In addition, each of these essential elements must be supported by factual allegations sufficient to satisfy the requirement of CPLR 3016 (subd [b]) that 'the circumstances constituting the wrong shall be stated in detail’ when a cause of action based upon fraud or breach of trust is alleged. | 3 | 1976–1986 |
Edem v. Grandbelle International, Inc.
green
2 sentences2020Here, the sixth cause of action, alleging breach of fiduciary duty against the Berger defendants, contained only bare and conclusory allegations related to damages, without any supporting detail, and failed to satisfy the requirements of CPLR 3016(b) ( see Theaprin Pharms., Inc. v Conway , 137 AD3d 1254, 1255 ; Edem v Grandbelle Intl., Inc. , 118 AD3d 848 , 849). 2019Here, as the causes of action alleging breach of fiduciary duty contained only bare and conclusory allegations, without any supporting detail, they failed to satisfy the requirements of CPLR 3016(b) ( see Theaprin Pharms., Inc. v Conway , 137 AD3d 1254, 1255 ; Edem v Grandbelle Intl., Inc. , 118 AD3d 848 , 849). | 2 | 2019–2020 |
Meltzer v. Klein
neutral
2 sentences1994Brokers, 139 AD2d 691 ; Meltzer v Klein, 29 AD2d 548 ). 1979CPLR 3016 (subd [b]) imposes a more stringent standard of pleading than the generally applicable 'notice of the transaction’ rule of CPLR 3013, and complaints based on fraud or breach of trust which fail in whole or in part to meet this special test of factual pleading have consistently been dismissed (see Block v Landegger, 44 AD2d 671 ; Meltzer v Klein, 29 AD2d 548 ).” (Lanzi v Brooks, 54 AD2d 1057, 1058 , affd 43 NY2d 778 .) Measured against this standard, the cause of action alleged in paragraphs 296 through 310 of the complaint fails to state a cause of action. | 2 | 1979–1994 |
Block v. Landegger
neutral
2 sentences1979CPLR 3016 (subd [b]) imposes a more stringent standard of pleading than the generally applicable 'notice of the transaction’ rule of CPLR 3013, and complaints based on fraud or breach of trust which fail in whole or in part to meet this special test of factual pleading have consistently been dismissed (see Block v Landegger, 44 AD2d 671 ; Meltzer v Klein, 29 AD2d 548 ).” (Lanzi v Brooks, 54 AD2d 1057, 1058 , affd 43 NY2d 778 .) Measured against this standard, the cause of action alleged in paragraphs 296 through 310 of the complaint fails to state a cause of action. 1976CPLR 3016 (subd [b]) imposes a more stringent standard of pleading than the generally applicable "notice of the transaction” rule of CPLR 3013, and complaints based on fraud or breach of trust which fail in whole or in part to meet this special test of factual pleading have consistently been dismissed (see Block v Landegger, 44 AD2d 671 ; Meltzer v Klein, 29 ÁD2d 548). | 2 | 1976–1979 |
LaMarca v. Quirk
green
1 sentence2022Generally, a petition to invalidate a designating petition will satisfy the specificity requirements of CPLR 3016(b) where it incorporates by reference objections made to the Board of Elections in compliance with 9 NYCRR 6204.1(a) ( see Matter of Lynch v Duffy , 172 AD3d at 1372-1373; Matter of Haygood [*2]v Hardwick , 110 AD3d 931 , 932; LaMarca v Quirk , 110 AD3d 808, 810 ). | 1 | 2022–2022 |
Haygood v. Hardwick
green
1 sentence2022Generally, a petition to invalidate a designating petition will satisfy the specificity requirements of CPLR 3016(b) where it incorporates by reference objections made to the Board of Elections in compliance with 9 NYCRR 6204.1(a) ( see Matter of Lynch v Duffy , 172 AD3d at 1372-1373; Matter of Haygood [*2]v Hardwick , 110 AD3d 931 , 932; LaMarca v Quirk , 110 AD3d 808, 810 ). | 1 | 2022–2022 |
CDR Créances S.A.S. v. First Hotels & Resorts Investments, Inc.
green
1 sentence2018Moreover, the complaint is devoid of allegations identifying circumstances from which the bank's actual knowledge of the fraud could be discerned ( see CDR Créances S.A.S. v First Hotels & Resorts Invs., Inc. , 101 AD3d 485 , 486-487 [1st Dept 2012]; Goel v Ramachandran , 111 AD3d 783, 792-793 [2d Dept 2013] [CPLR 3016 specificity requirement applies to allegation of actual knowledge of aider and abettor]). | 1 | 2018–2018 |
NY Univ. v. CONT'L INS CO
green
1 sentence2009And, although plaintiffs contend that there is some dispensation from CPLR 3016 (b)’s requirement of specificity in pleading fraud when it comes to setting forth the element of intent or scienter, it is well established that what is properly no more than a claim for breach of promise may not be transformed into one for fraud by the mere addition of a perfunctory allegation that the promissor did not intend to keep his or her promise (see New York Univ., 87 NY2d at 318 ; Rocanova v Equitable Life Assur. | 1 | 2009–2009 |
Sirianni v. Rafaloff
green
1 sentence2005The Supreme Court properly determined that the 23rd through 26th causes of action complaining of statements made by the defendant to clients of the plaintiff “to the effect that they should obtain other counsel because they were not being properly represented” by the plaintiff, while reasonably susceptible of defamatory meaning, did not satisfy the specificity requirements of CPLR 3016 (a) (see Sirianni v Rafaloff, 284 AD2d 447 [2001]; Chime v Sicuranza, 221 AD2d 401 [1995]), and accordingly, permitted the plaintiff to replead those causes of action. | 1 | 2005–2005 |
| Capoccia v. Couch green | 1 | 2005–2005 |
Chime v. Sicuranza
green
1 sentence2005The Supreme Court properly determined that the 23rd through 26th causes of action complaining of statements made by the defendant to clients of the plaintiff “to the effect that they should obtain other counsel because they were not being properly represented” by the plaintiff, while reasonably susceptible of defamatory meaning, did not satisfy the specificity requirements of CPLR 3016 (a) (see Sirianni v Rafaloff, 284 AD2d 447 [2001]; Chime v Sicuranza, 221 AD2d 401 [1995]), and accordingly, permitted the plaintiff to replead those causes of action. | 1 | 2005–2005 |
| Wolkstein v. Morgenstern green | 1 | 2000–2000 |
| Callas v. Eisenberg green | 1 | 2000–2000 |
| Prometheus Books v. Russica Book & Art Shop, Inc. neutral | 1 | 1997–1997 |
| Ed Moore Advertising Agency, Inc. v. Shapiro green | 1 | 1997–1997 |
| Loblaw, Inc. v. Wylie green | 1 | 1997–1997 |
| Liberman v. Gelstein green | 1 | 1996–1996 |
| Lustig v. Anywear, Inc. neutral | 1 | 1996–1996 |
| Pitcherello v. Moray Homes, Ltd. green | 1 | 1996–1996 |
| Sassower v. Finnerty green | 1 | 1995–1995 |
| Stick v. Oakdale Dental Center green | 1 | 1995–1995 |
| Saha v. Record green | 1 | 1995–1995 |
| Sforza v. Health Insurance Plan of Greater New York, Inc. green | 1 | 1995–1995 |
| Elsky v. KM Insurance Brokers green | 1 | 1994–1994 |
| 125 Associates v. Cralin Trading Associates, L.P. green | 1 | 1994–1994 |
| Mance v. Mance neutral | 1 | 1993–1993 |
| Mance v. Mance green | 1 | 1993–1993 |
| Stern v. Consumer Equities Associates neutral | 1 | 1993–1993 |
| Marshall v. Nacht green | 1 | 1993–1993 |
| Azoy v. Fowler green | 1 | 1992–1992 |
| Del Vecchio v. Nassau County green | 1 | 1992–1992 |
| Sabetay v. Sterling Drug, Inc. green | 1 | 1990–1990 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.