We agree with Special Term that the amended complaint is defective. The gravamen or gist of the cause of action is fraud. Aside from conclusory allegations, no fraud is alleged. CPLR 3013 requires a pleading to set forth not only a statement with sufficient particularity to give the court and parties notice of the transaction, but also "the material elements of each cause of action". In addition, CPLR 3016 (subd [b]) requires that in an action based upon fraud "the circumstances...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
