· 6/20/1986
Gorka v. Highland Hospital
Citations
- 132 Misc. 2d 783
- 505 N.Y.S.2d 495
- 1986 N.Y. Misc. LEXIS 2778
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining “claims of fraud must be pled with particularity, which means proffering the who, what, when, where, and how of the fraud alleged”
- explaining “claims of fraud must be pled with particularity, which means proffering the who, what, when, where, and how of the fraud alleged”
- subjecting an unjust enrichment claim premised on a fraudulent promise to Rule 9(b)
- “Because [Plaintiffs’] claims of civil theft and unjust enrichment ‘sound in fraud,’ they are subject to Rule 9(b)’s requirements.”
- “Because [the plaintiffs’] claims of civil theft and unjust enrichment ‘sound in fraud,’ they are subject to Rule 9(b)’s requirements.” (quoting Wilding, 941 F.3d at 1127)
- in Westfall certification context, request for discovery cannot be based on allegations of complaint alone, and the plaintiff must forecast specific evidence that contradicts the Attorney General’s certification decision
Source: CourtListener parenthetical corpus (CC0).
Judges: Rosenblatt
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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