PLUDEMAN v. NORTHERN LEASING


10 N.Y.3d 486 (2008)

890 N.E.2d 184

860 N.Y.S.2d 422

KEVIN PLUDEMAN et al., Respondents, v. NORTHERN LEASING SYSTEMS, INC., et al., Appellants.

Court of Appeals of the State of New York.

Decided May 6, 2008.


Attorney(s) appearing for the Case

Moses & Singer LLP, New York City (Abraham Y. Skoff, Robert D. Lillienstein and Jayson D. Glassman of counsel), and Epstein Becker & Green, P.C. (Barry A. Cozier of counsel), for appellants.

Chittur & Associates, P.C., New York City (Krishnan S. Chittur, H. Rajan Sharma and Andrey Strutinskiy of counsel), for respondents.

Mayer Brown LLP, New York City (Philip Allen Lacovara, Lauren R. Goldman and Kwaku A. Akowuah of counsel), and National Chamber Litigation Center, Inc., Washington, D.C. (Robin S. Conrad of counsel), for Chamber of Commerce of the United States of America, amicus curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO and PIGOTT concur with Judge JONES; Judge SMITH dissents in a separate opinion in which Judge READ concurs.


OPINION OF THE COURT

JONES, J.

The sole issue before us is whether plaintiffs sufficiently pleaded a cause of action for fraud against individually-named corporate defendants pursuant to CPLR 3016 (b). Under the circumstances presented, we hold that they have.

Plaintiffs are small business owners from various states, including Missouri, Texas, Washington and New York. Defendant Northern Leasing Systems...

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