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SIENK v. SMOLKA

142 A.D.2d 944 (1988)

Charles E. Sienk, Appellant, v. Robert A. Smolka et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 7, 1988

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 fraudulent concealment alleged in the complaint is an element of plaintiff's cause of action for legal malpractice (see, Simcuski v Saeli, 44 N.Y.2d 442

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