Appellate Division, Second Department · September 23, 2026 · 2026 NY Slip Op 05389
Man Ling Chan Lam v Qing Yun Xiao
Read the official decision: 2026 NY Slip Op 05389
Holding The Appellate Division affirmed the dismissal of the complaint against the bank, title company, and title closer because the plaintiff failed to allege specific facts showing those defendants intentionally misrepresented material facts or that the plaintiff relied on such misrepresentations. The court also upheld the denial of leave to amend, finding the proposed negligence and aiding and abetting fraud claims were speculative and conclusory.
The court’s words
the plaintiff failed to allege that any of those defendants intentionally misrepresented a material fact for the purpose of inducing the plaintiff to rely upon that misrepresentation
2026 NY Slip Op 05389, at the official text
the causes of action sounding in fraud insofar as asserted against the bank, the title company, and the title closer were only supported by conclusory allegations
2026 NY Slip Op 05389, at the official text
The proposed amendments were palpably insufficient and patently devoid of merit as the allegations supporting them were speculative and conclusory
2026 NY Slip Op 05389, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 23, 2026 |
| Citation | 2026 NY Slip Op 05389 |
| Area of law | Contracts and Commercial · Civil Procedure |
| Week | Week ending September 26, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05389 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 160 |
Recommended citation
ESQ HQ, New York Law Watch, Man Ling Chan Lam v Qing Yun Xiao, 2026 NY Slip Op 05389 (Appellate Division, Second Department, September 23, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05389/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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