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Mack v. Meier

251 A.D.2d 298, 675 N.Y.S.2d 540, 1998 N.Y. App. Div. LEXIS 6322
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 1, 1998
StatusPublished
Cited by2 cases

This text of 251 A.D.2d 298 (Mack v. Meier) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mack v. Meier, 251 A.D.2d 298, 675 N.Y.S.2d 540, 1998 N.Y. App. Div. LEXIS 6322 (N.Y. Ct. App. 1998).

Opinion

—In an action to recover damages for constructive fraud, the plaintiff appeals from an order of the Supreme Court, Rockland County (Sherwood, J.), dated June 18,1997, which granted the defendants’ motion to dismiss the complaint.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the plaintiff has failed to plead the existence of a fiduciary relationship which would support a cause of action for constructive fraud, and the record does not support a finding that such a relationship existed (see, Brown v Lockwood, 76 AD2d 721, 731). Accordingly, the complaint was properly dismissed. Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
251 A.D.2d 298, 675 N.Y.S.2d 540, 1998 N.Y. App. Div. LEXIS 6322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mack-v-meier-nyappdiv-1998.