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HEAD v. EMBLEM HEALTH

5132. 161536/14.

156 A.D.3d 424 (2017)

64 N.Y.S.3d 518

2017 NY Slip Op 08483

MARGOT HEAD, Appellant, v. EMBLEM HEALTH et al., Respondents.

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

Decided December 5, 2017.

In support of the fraud causes of action, the complaint fails to allege sufficient facts to establish the element of a material misrepresentation (see Eurycleia Partners, LP v Seward & Kissel, LLP, 12 N.Y.3d 553, 559 [2009]). While the Attorney General's investigation documented numerous instances of defendants' misconduct, contrary to plaintiff's contention, it did not detail instances of fraud. Plaintiff's allegation that defendants...

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