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BULLEN v. COHNREZNICK, LLP

Index No. 650144/20. Appeal No. 13927. Case No. 2020-03485.

194 A.D.3d 637 (2021)

2021 NY Slip Op 03369

Bruce Bullen et al., Respondents, v. CohnReznick, LLP, Appellant.

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

Decided May 27, 2021.

Attorney(s) appearing for the Case

Sidley Austin LLP, New York ( James O. Heyworth and Bruce R. Braun of the Bar of the State of Illinois, admitted pro hac vice, of counsel), for appellant.

Oved & Oved LLP, New York ( Glen B. Lenihan of counsel), for respondents.

Concur—Kapnick, J.P., Mazzarelli, Moulton, Mendez, JJ.

Plaintiffs sufficiently alleged a cause of action for fraud with particularity (CPLR 3016[b]). The complaint contains "a particularized factual assertion which supports the inference of scienter," providing "some rational basis for inferring that the alleged misrepresentation was knowingly made" (Houbigant, Inc. v Deloitte & Touche, 303 A.D.2d 92, 97-98 [1st Dept 2003]; see also Eurycleia Partners, LP v Seward & Kissel...

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