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PANAGAKOS v. OXFORD HEALTH PLANS, INC.

7 A.D.3d 771 (2004)

776 N.Y.S.2d 880

CATHERINE PANAGAKOS, Appellant, v. OXFORD HEALTH PLANS, INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 24, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

"The essential elements of a cause of action for fraud are `representation of a material existing fact, falsity, scienter, deception and injury'" (New York Univ. v Continental Ins. Co., 87 N.Y.2d 308, 318 [1995], quoting Channel Master Corp. v Aluminium Ltd. Sales, 4 N.Y.2d 403, 407 [1958] [emphasis supplied...

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