Can a Conspiracy Claim Based on Fraudulent Misrepresentation and Concealment Be Submitted to the Jury ?
In a case in which fraudulent misrepresentation and concealment are alleged and the evidence makes out a prima facie case of fraudulent misrepresentation, a conspiracy claim based upon misrepresentation and concealment would not be preempted and could, under proper factual circumstances, be submitted to the jury.
In Litras v. Litras, 254 AD2d 395 [2d Dept 1998] the plaintiffs alleged that "the individual defendants committed certain torts.
The sixth cause of action alleged that the defendants conspired to commit those torts as part of a common scheme to destroy the plaintiffs' business.
The verdict sheet reveals that the jury found that each of the three individual defendants and a fourth defendant committed one of the underlying torts specified in the complaint, and that all of the defendants conspired to commit such tortious acts as part of a scheme to destroy the plaintiffs' business.
Accordingly, the defendants were jointly and severally liable for any compensatory and punitive damages awarded for the underlying torts."