(quoting Eternity Global Master Fund Ltd. As to the second, though mental states may be pleaded "generally," must nonetheless allege facts "that give rise to a strong inference of frauduluent intent." the complaint must "(1) detail the statements (or omissions) that the plaintiff contends are fraudulent, (2) identify the speaker, (3) state where and when the statements (or omissions) were made, and (4) explain why the statements (or omissions) are fraudulent.". As explained by the Second Circuit in Loreley: As to the first. But, "in conjunction with the facial plausibility standard of Rule 12(b)(6), must satisfy the heightened pleading standard set forth in Rule 9(b) " which "places two further burdens on fraud plaintiffs-the first goes to the pleading of the circumstances of the fraud, the second to the pleading of the defendant's mental state." Loreley, 797 F.3d at 171. Thus, defendants' 12(b)(6) motion is unfounded. at 80, Lenco's subsequent and expensive attempts to "remedy" these defects were unsuccessful, id. Having paid more than "a million dollars," id. ¶ 40, and "confusing or deliberately misleading answers," id. When Lenco complained, defendants responded with "deliberate misrepresentations," id. ¶ 24, inconsistent with "basic science," id., and riddled with "glaring" and obvious "errors," id. ¶ 48, that both knew to be "completely unsuited for needs," id. At its core, it describes the perpetration of a specific kind of fraud by McKinley and Molecular: the sale of more than a million dollars of "unsuitable equipment" and "shoddy services," Am. When viewed as a whole, the detailed complaint does so. Loreley, 797 F.3d at 170 (quoting Cohen v. To withstand a Rule 12(b)(6) challenge, the complaint must allege facts "that plausibly support" these elements. Under New York law, fraud requires proof of "a material misrepresentation or omission of a fact, knowledge of that fact's falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages." Eurycleia Partners, LP v. Tippetts-Abbett-McCarthy-Stratton, 888 F.2d 239, 242 (2d Cir. The parties correctly concede that New York substantive law applies. Both for 12(b)(6) and 9(b) purposes, they are viewed "in their totality, not in isolation," and "all reasonable inferences" are to be drawn in plaintiff's favor. 1 For the following reasons, the motions are denied. Molecular and McKinley move to dismiss all claims pursuant to Federal Rule of Civil Procedure 12(b)(6), and, moreover, assert that the fraud claim does not comport with the heightened pleading requirements of Rule 9(b). ("McKinley"), and Molecular MS Diagnostics, LLC ("Molecular") (individually, "defendant," and collectively, "defendants"), both of whom provided allegedly defective products to plaintiff for the launch of its new toxicology lab in 2012. ("Lenco"), a Brooklyn-based clinical laboratory, alleges claims of fraud, conspiracy to commit fraud, and unjust enrichment against defendants McKinley Scientific, Inc. Compl."), plaintiff Lenco Diagnostic Laboratories, Inc.
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