Marchand v NPL Consulting Servs., Inc.

Holding The court affirmed the dismissal of the fraud and aiding and abetting fraud claims because the plaintiffs failed to adequately allege justifiable reliance, as the plaintiff was an experienced businessperson who did not conduct due diligence. The court also dismissed the General Business Law §§ 349 and 350 claims because the complaint alleged a private contract dispute rather than consumer-oriented conduct.

The court’s words

accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory

2026 NY Slip Op 05302, at the official text

A claim rooted in fraud must be pleaded with the requisite particularity under CPLR 3016(b)

2026 NY Slip Op 05302, at the official text

A plaintiff is expected to exercise ordinary diligence and may not claim to have reasonably relied on a defendant's representations

2026 NY Slip Op 05302, at the official text

Private contract disputes, unique to the parties, . . . [do] not fall within the ambit of the statute

2026 NY Slip Op 05302, at the official text

the complaint failed to allege consumer-oriented conduct

2026 NY Slip Op 05302, at the official text