The following excerpt is from In re Alicea, 230 BR 492 (Bankr. S.D.N.Y. 1999):
Accord Palmacci v. Umpierrez, 121 F.3d at 786 (the elements of a common law fraud claim are (1) a false representation, (2) fraudulent intent, or scienter, (3) intent to induce reliance, (4) justifiable reliance and (5) damage).
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