Extract to table

Even accepting those allegations as true for purposes of this motion — as the Court must — they describe, at most, a private fraud between two contracting parties

The "public" component of this standard is not merely hortatory; it is an essential element that must be pleaded and ultimately proven

Counterclaim Plaintiffs cannot satisfy the "public wrong" requirement merely by pointing to BRB's institutional size and asserting, without factual support, that misconduct in a single credit relationship must somehow reflect a wider pattern

The Aaronson Memorandum must be understood in the context in which it was written

Even accepting arguendo that BRB internally contemplated acceleration of the credit facilities while simultaneously negotiating forbearance terms — an inference that Counterclaim Plaintiffs urge and that the Court must accept as true at this stage — such conduct, if it constitutes anything actionable, sounds in private fraud

As the Court of Appeals has repeatedly held, the "mere commission" of a tort, including the tort of fraud, is insufficient to justify punitive damages; the plaintiff must further demonstrate that the fraudulent conduct was part of a pattern of behavior aimed at the public generally