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VALLONI v. CRISONA

192 A.D.2d 648 (1993)

598 N.Y.S.2d 714

Frank Valloni, Jr., Respondent, v. Frank J. Crisona et al., Appellants

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

April 19, 1993

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants' contentions that they are entitled to summary judgment because the plaintiff failed to plead fraud with specificity is without merit, as the alleged insufficiency of a pleading is not a proper basis for a summary judgment motion (see, Gee v Gee, 113 A.D.2d 736). In any event, we find that the pleading was sufficient.

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