TRADEX GLOBAL MASTER FUND SPC LTD. v. TITAN CAPITAL GROUP III, LP

Nos. 7623, 652127/10.

95 A.D.3d 586 (2012)

944 N.Y.S.2d 527

2012 NY Slip Op 3746

TRADEX GLOBAL MASTER FUND SPC LTD et al., Respondents, v. TITAN CAPITAL GROUP III, LP, et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 10, 2012.


Contrary to defendants' contention, not all of the misrepresentations alleged in the complaint are puffery, opinion, and expectation, and fraud is alleged with the particularity required by CPLR 3016 (b). Nevertheless, the fraud claim should have been dismissed.

First, insofar as plaintiffs claim they were fraudulently induced into making additional investments, Tradex Global Master Fund SPC LTD signed Additional Subscription Forms for Shares, each of which stated...

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