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RAPAPORT v. STRATEGIC FINANCIAL SOLUTIONS, LLC

651480/18. Appeal No. 12980. Case No. 2020-00990.

190 A.D.3d 657 (2021)

140 N.Y.S.3d 508

2021 NY Slip Op 00511

Mikael Rapaport, Respondent, v. Strategic Financial Solutions, LLC, et al., Appellants.

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

Decided January 28, 2021.

Attorney(s) appearing for the Case

Schroder Joseph & Associates, LLP, Buffalo ( Linda H. Joseph of counsel), for appellants.

Lipsky Lowe LLP, New York ( Christopher H. Lowe of counsel), for respondent.

Concur—Acosta, P.J., Webber, Oing, Scarpulla, JJ.

To state a fraud cause of action, a party must plead "a material representation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance ... and damages" (Eurycleia Partners, LP v Seward & Kissel, LLP, 12 N.Y.3d 553, 559 [2009]). A claim for fraud can be based upon "a material omission of fact ... made for the purpose of inducing the other party to rely upon it, justifiable reliance of the other...

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