Grumman Aerospace Corp. v. Rice

Appellate Division of the Supreme Court of New York

Grumman Aerospace Corp. v. Rice

196 A.D.2d 572, 601 N.Y.S.2d 189, 1993 N.Y. App. Div. LEXIS 8103

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 16, 1993

StatusPublished

Cited by9 cases

This text of 196 A.D.2d 572 (Grumman Aerospace Corp. v. Rice) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Grumman Aerospace Corp. v. Rice, 196 A.D.2d 572, 601 N.Y.S.2d 189, 1993 N.Y. App. Div. LEXIS 8103 (N.Y. Ct. App. 1993).

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Opinion

In an action, inter alia, to recover damages for fraud, the defendants appeal from so much of an order of the Supreme Court, Nassau County (Saladino, J.), dated April 19, 1991, as denied their motion to dismiss the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants assert, among other things, that the plain[573]*573tiff’s allegations of fraud are insufficiently detailed to satisfy CPLR 3016 (b). We disagree. CPLR 3016 (b) "requires only that the misconduct complained of be set forth in sufficient detail to clearly inform a defendant with respect to the incidents complained of’ (Lanzi v Brooks, 43 NY2d 778, 780). It "is not to be interpreted so strictly as to prevent an otherwise valid cause of action in situations where it may be 'impossible to state in detail the circumstances constituting a fraud’ ” (Lanzi v Brooks, 43 NY2d 778, 780, supra, remittitur amended on other grounds 43 NY2d 947, quoting Jered Contr. Corp. v New York City Tr. Auth., 22 NY2d 187, 194). Given the nature of the allegations here, it would be impossible for the plaintiff to state the circumstances in more detail because, if the allegations are true, only the defendants would have knowledge of the details.

We have examined the defendants’ remaining contentions and find them to be without merit. Rosenblatt, J. P., Miller, Santucci and Joy, JJ., concur.

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In an action, inter alia, to recover damages for fraud, the defendants appeal from so much of an order of the Supreme Court, Nassau County (Saladino, J.), dated April 19, 1991, as denied their motion to dismiss the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants assert, among other things, that the plain[573]*573tiff’s allegations of fraud are insufficiently detailed to satisfy CPLR 3016 (b). We disagree. CPLR 3016 (b) "requires only that the misconduct complained of be set forth in sufficient detail to clearly inform a defendant with respect to the incidents complained of’ (Lanzi v Brooks, 43 NY2d 778, 780). It "is not to be interpreted so strictly as to prevent an otherwise valid cause of action in situations where it may be 'impossible to state in detail the circumstances constituting a fraud’ ” (Lanzi v Brooks, 43 NY2d 778, 780, supra, remittitur amended on other grounds 43 NY2d 947, quoting Jered Contr. Corp. v New York City Tr. Auth., 22 NY2d 187, 194). Given the nature of the allegations here, it would be impossible for the plaintiff to state the circumstances in more detail because, if the allegations are true, only the defendants would have knowledge of the details.

We have examined the defendants’ remaining contentions and find them to be without merit. Rosenblatt, J. P., Miller, Santucci and Joy, JJ., concur.

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Bluebook (online)

196 A.D.2d 572, 601 N.Y.S.2d 189, 1993 N.Y. App. Div. LEXIS 8103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grumman-aerospace-corp-v-rice-nyappdiv-1993.

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