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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.