LaBRAKE v. ENZIEN


167 A.D.2d 709 (1990)

George L. LaBrake, Respondent, v. Peter J. Enzien, Appellant

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

November 21, 1990


Mikoll, J.

The questions presented on this appeal are whether Supreme Court erred in holding that (1) plaintiff stated an action for fraud in his second cause of action, separate and distinct from the action for malpractice alleged in his first cause of action, (2) the fraud was stated with sufficient detail to comply with the pleading requirements of CPLR 3016 (b), and (3) an immediate pretrial hearing to ascertain whether the doctrines of equitable...

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