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NEW YORK CITY HEALTH AND HOSPITALS CORPORATION v. ST. BARNABAS COMMUNITY HEALTH PLAN

22 A.D.3d 391 (2005)

802 N.Y.S.2d 363

NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent, v. ST. BARNABAS COMMUNITY HEALTH PLAN, Doing Business as PARTNERS IN HEALTH, Appellant.

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

October 25, 2005.

The elements of a fraud claim must be pleaded with particularity (CPLR 3016 [b]). Mere allegations of fraudulent intent are insufficient (Salles v. Chase Manhattan Bank, 300 A.D.2d 226, 235 [2002]). The third counterclaim, consisting simply of a conclusory narrative alleging, without reference to any specific instance, that plaintiff administered a defective billing system, failed to satisfy this standard.

A motion to strike...

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