I would recommend reading through the opinion. It's not particularly difficult - although the repeated misconduct by Trump's own lawyers does get tiresome - and it should be instructive, because the claim on which summary judgment was granted is not a mere common-law fraud claim, and as the NY courts have construed the relevant statute - Executive Law §63(12), there is no requirement for scienter (intent to defraud) or materiality, or reliance.
As the court noted (specifically on the issue of materiality): "It is settled that a standalone cause of action under Executive Law §63(12) does not require a demonstration of materiality but merely that an 'act has the capacity or tendency to deceive, or creates an atmosphere conducive to fraud.' People v. Gen. Elec. Co. ...."
What Donald Trump refers to when he uses the term "truthful hyperbole" is precisely that sort of an act. Resort to "truthful hyperbole" often enough, and one will eventually run afoul of Executive Law §63(12) - which requires repeated or persistent conduct - and if the stakes are high enough, one will suffer the consequences.
Donald Trump is suffering the consequences of his own inclination to resort to "truthful hyperbole" in most of his business dealings with investors and creditors.
Too bad, so sad, but Trump is solely responsible for having woven the rope that the NY AG is now using to hang him with.
This is not lawfare, or weaponization of the law to go after one's political opponents; this is Donald Trump getting his own comeuppance for his own flagrant actions. And it is not like this law was not there - it's been on the books for decades and decades - and it's not like it hasn't been used in the past - this opinion is rife with published cases where it has been used against other large operations, such as Dominos Pizza, General Electric, Ford Motor Co., and the like.
As I said before, Trump is his own worst enemy.
