Sienk v. Smolka

Appellate Division of the Supreme Court of New York

Sienk v. Smolka

142 A.D.2d 944, 530 N.Y.S.2d 1014, 1988 N.Y. App. Div. LEXIS 14963

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 7, 1988

StatusPublished

This text of 142 A.D.2d 944 (Sienk v. Smolka) 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

Sienk v. Smolka, 142 A.D.2d 944, 530 N.Y.S.2d 1014, 1988 N.Y. App. Div. LEXIS 14963 (N.Y. Ct. App. 1988).

Pincite

Opinion

Order and judgment unanimously affirmed without costs. Memorandum: We agree with Special Term that plaintiff has failed to plead sufficient evidentiary facts to sustain an independent cause of action for fraud. The fraudu[945]*945lent concealment alleged in the complaint is an element of plaintiffs cause of action for legal malpractice (see, Simcuski v Saeli, 44 NY2d 442). (Appeal from order and judgment of Supreme Court, Erie County, Ricotta, J.-dismiss cause of action.) Present—Doerr, J. P., Denman, Boomer, Green and Balio, JJ., concur.

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Order and judgment unanimously affirmed without costs. Memorandum: We agree with Special Term that plaintiff has failed to plead sufficient evidentiary facts to sustain an independent cause of action for fraud. The fraudu[945]*945lent concealment alleged in the complaint is an element of plaintiffs cause of action for legal malpractice (see, Simcuski v Saeli, 44 NY2d 442). (Appeal from order and judgment of Supreme Court, Erie County, Ricotta, J.-dismiss cause of action.) Present—Doerr, J. P., Denman, Boomer, Green and Balio, JJ., concur.

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Bluebook (online)

142 A.D.2d 944, 530 N.Y.S.2d 1014, 1988 N.Y. App. Div. LEXIS 14963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sienk-v-smolka-nyappdiv-1988.