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
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 13, 2026 |
| Citation | 2026 NY Slip Op 05911 |
| Area of law | Consumer Protection · Insurance |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05911 |
| 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 | 1147 |
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.
Read how Law Watch works