Young v. Keith’s Empirical Analysis

Citation profile

3 federal appellate · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “nondisclosure may constitute a false representation where a party has a duty to communicate the undisclosed information to the other contracting party (24 N.Y. Jur, Fraud and Deceit, § 106, at 159). Such a duty can arise when one party to a contract has superior knowledge which is not available to both parties (24 N.Y. Jur, Fraud and Deceit, § 108, at 162). As the Court of Appeals has stated, “Concealment with intent to defraud of facts which one is duty-bound in honesty to disclose is of the same legal effect and significance as affirmative misrepresentations of fact” (Nasaba Corp. v. Harfred Realty Corp., 287 N.Y. 290, 295 [, 39 N.E.2d 243 (1942) ]). Considering the allegations that the mobile home park was sold as an operating business and that the sewer and water systems’ deficiencies were known by defendants to require very expensive reconstruction and to pose a threat to the business’ operating license, a duty to disclose the deficiencies could be found. Plaintiff’s complaint can be further read to allege that they could not have discovered the deficiencies through an ordinary inspection and that they would not have purchased the property had they known of them.”

   2 later decisions quote this exact passage
   e.g. Gander Mountain Co. v. Islip U-Slip LLC · 820 F. Supp. 2d 461 - Ridge Seneca Plaza, LLC v. BP Products North America

2. “arise when one party to a contract has superior knowledge which is not available to both parties.”

   2 later decisions quote this exact passage
   e.g. Allen v. Westpoint-Pepperell, Incorporated · Allen