Ordered that the judgment is affirmed insofar as appealed from, with one bill of costs to the respondents Resnick and Carusone appearing separately and filing separate briefs.
In September 1983 the plaintiff and the defendant Resnick
The Supreme Court granted the plaintiff's motion for partial summary judgment to the extent of appointing a third appraiser, but failed to sustain the plaintiff's challenge to the adequacy of the defendants' appraisal. It also granted a cross motion by the defendants Vincent and Guiseppina Carusone to dismiss the plaintiff's second and third causes of action to recover damages for fraud and civil conspiracy. We affirm.
Where a contract is written in clear, unambiguous language, the court should not go to outside sources for interpretation (4 Williston, Contracts § 602A, at 325-334 [3d ed 1961]). The plaintiff seeks a full explanation of how the defendants' appraiser arrived at a valuation of the property. The agreement makes no provision for such an explanation and calls only for the appointment of appraisers by the parties. The parties have performed these duties. The appraisals have been made; neither the purchaser nor the seller objects to the method of determining the market value of the property. It is now for them to complete the transaction.
The Supreme Court correctly dismissed the causes of action to recover damages for fraud and civil conspiracy. There is no tort to recover damages for civil conspiracy (Gould v Community Health Plan, 99 A.D.2d 479). Further, the plaintiff has failed to set forth any specific acts on the defendants' part which make out an independent actionable tort. Nor has the plaintiff made out a cause of action sounding in fraud.
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