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SEGAL v. COOPER

49 A.D.3d 467 (2008)

856 N.Y.S.2d 12

JOSH SEGAL, Individually and Derivatively on Behalf of LIGHTHOUSE REAL ESTATE ADVISORS, L.L.C., Respondent, v. PAUL COOPER et al., Appellants.

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

Decided March 27, 2008.

Accepting as true the facts as alleged in the complaint, according plaintiff the benefit of every favorable inference, and determining only whether the facts as alleged fit within any cognizable legal theory (Sokoloff v Harriman Estates Dev. Corp., 96 N.Y.2d 409, 414 [2001]), we find that plaintiff's causes of action were adequately alleged. As to fraud, whether plaintiff's reliance upon defendants' alleged misrepresentations was...

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