Desideri v. D.M.F.R. Group (USA) Co

In Desideri v. D.M.F.R. Group (USA) Co. (230 AD2d 503), the defendant asserted a fraud counterclaim, alleging that the plaintiff, in return for a bribe from a third party, intentionally misrepresented the value of a certain company to investors, knowing that the investors would rely on his advice and pay an inflated price for the company's stock. The Appellate Division held: "This pleading is clearly deficient in that the facts constituting the fraud are not 'stated in detail' (CPLR 3016 [b])." [affirming dismissal of the counterclaim on summary judgment, after noting that nothing on the record cured the pleading deficiency]. Like the defendant in Desideri, Foster Wheeler has failed to plead its fraud claim "in sufficient detail to clearly inform [the adverse party] with respect to the incidents complained of as CPLR 3016 (b) requires (Desideri, 230 AD2d at 505).