(Download) "Megaris Furs v. Gimbel Brothers" by Commonwealth Court of Pennsylvania " Book PDF Kindle ePub Free
eBook details
- Title: Megaris Furs v. Gimbel Brothers
- Author : Commonwealth Court of Pennsylvania
- Release Date : January 04, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
While leave to amend a pleading is freely granted (CPLR 3025[b]; Edenwald Contr. Co. v City of New York, 60 N.Y.2d 957), this court has consistently held that, in order to conserve judicial resources, an examination of the underlying merits of the proposed causes of action is warranted (Brennan v City of New York, 99 A.D.2d 445; East Asiatic Co. v Corash, 34 A.D.2d 432). Leave to amend will be denied where the proposed pleading fails to state a cause of action (Crimmins Contr. Co. v City of New York, 74 N.Y.2d 166; Stroock & Stroock & Lavan v Beltramini, 157 A.D.2d 590). To make out a cause of action for fraud, this court has stated that "a party must allege representation of a material existing fact, falsity, scienter, deception and injury (Reno v Bull, supra, 226 NY at 550.) Furthermore, each of these essential elements must be supported by factual allegations sufficient to satisfy CPLR 3016(b), which requires, in the case of a cause of action based on fraud, that the circumstances constituting the wrong shall be stated in detail. CPLR 3016(b) imposes a more stringent standard of pleading than the generally applicable notice of the transaction rule of CPLR 3013, and complaints based on fraud * * * which fail in whole or in part to meet this special test of factual pleading have consistently been dismissed. (Lanzi v Brooks, 54 A.D.2d 1057, 1058, affd 43 N.Y.2d 778; see, 60 NY Jur 2d, Fraud and Deceit, ? 227)" (Edison Stone Corp. v 42nd St. Dev. Corp., 145 A.D.2d 249, 257; see also, New York Fruit Auction Corp v City of New York, 81 A.D.2d 159, 161; cf., Fidelity and Deposit Co. of Md. v Arthur Andersen & Co., 131 A.D.2d 308).