ESQ HQNEW YORK LAW WATCH

Appellate Division, First Department · October 13, 2026 · 2026 NY Slip Op 05911

Jacober v Madan

Read the official decision: 2026 NY Slip Op 05911

Holding The court affirmed the dismissal of the plaintiffs’ claims, finding that the complaint failed to plead fraudulent and negligent misrepresentation with sufficient particularity and that the transaction was not consumer-oriented under General Business Law § 349. Consequently, the claim against MassMutual based on respondeat superior also failed because the underlying claims against the brokers were properly dismissed.

The court’s words

did not specify with sufficient particularity which statements came from which "Agents/Brokers"

2026 NY Slip Op 05911, at the official text

not consumer oriented, but rather . . . a single, private transaction

2026 NY Slip Op 05911, at the official text

not conduct which affects the consuming public at large

2026 NY Slip Op 05911, at the official text

cannot establish vicarious liability against MassMutual under the doctrine of respondeat superior

2026 NY Slip Op 05911, at the official text
CourtAppellate Division, First Department
DecidedOctober 13, 2026
Citation2026 NY Slip Op 05911
Area of lawConsumer Protection · Insurance
WeekWeek ending October 17, 2026
Official textOfficial decision: 2026 NY Slip Op 05911
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1147

Recommended citation

ESQ HQ, New York Law Watch, Jacober v Madan, 2026 NY Slip Op 05911 (Appellate Division, First Department, October 13, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05911/

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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Published October 13, 2026. Updated October 13, 2026.