Appellate Division, First Department · October 1, 2026 · 2026 NY Slip Op 05593
Delgado v 27-51 Jackson Ave LLC
Read the official decision: 2026 NY Slip Op 05593
Holding The Appellate Division affirmed the denial of a motion to amend pleadings to add fraud claims, finding the proposed amendment lacked merit. The court determined that the existence of other unproven fraud lawsuits and shared addresses with other claimants were insufficient to establish a misrepresentation of fact with the required particularity.
The court’s words
Supreme Court correctly found that that All State's proposed amended answer lacked merit, as it failed to plead the elements of fraud with particularity as required by CPLR 3016(b)
2026 NY Slip Op 05593, at the official text
that plaintiff shares and has shared an address with many other workers' compensation claimants and personal injury plaintiffs does not in and of itself establish that plaintiff's specific claims in this case are fraudulent
2026 NY Slip Op 05593, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 1, 2026 |
| Citation | 2026 NY Slip Op 05593 |
| Area of law | Civil Procedure |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05593 |
| 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 | 750 |
Recommended citation
ESQ HQ, New York Law Watch, Delgado v 27-51 Jackson Ave LLC, 2026 NY Slip Op 05593 (Appellate Division, First Department, October 1, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05593/
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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