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KING v. GEORGE SCHONBERG & CO.

233 A.D.2d 242 (1996)

650 N.Y.S.2d 107

Nancy King, Appellant, v. George Schonberg & Company et al., Defendants, and Joseph Gaier, P. C., et al., Respondents

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

November 21, 1996

Since the complaint was devoid of any factual allegation with respect to plaintiff's reliance, or the nature of her damages and how they were caused by her brother's alleged misrepresentation, the allegations of fraud are insufficient to support the cause of action for aiding and abetting fraud. Moreover, in the absence of a confidential or fiduciary relationship between plaintiff and her brother's attorneys giving rise to a duty...

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