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MOSS v. MOCHE

160 A.D.2d 785 (1990)

Edward Moss et al., Appellants, v. Allen C. Moche, Respondent, et al., Defendants

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

April 9, 1990

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court's conclusion that the allegations of the complaint fail to set forth the requisite elements of fraud, malpractice and breach of fiduciary duty (see, CPLR 3013; see, e.g., Barclay Arms v Barclay Arms Assocs., 74 N.Y.2d 644; Zambito v Ryan, 125 A.D.2d 462; Glatzer v Scappatura,

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