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AGOSTINI v. SOBOL

304 A.D.2d 395 (2003)

757 N.Y.S.2d 555

DIANA AGOSTINI, Appellant, v. LEAH B. SOBOL et al., Defendants, and HOWARD M. FILE et al., Respondents.

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

Decided April 15, 2003.

The court properly dismissed the causes of action for conspiracy to commit fraud and aiding and abetting fraud against the attorney defendants. A "`mere conspiracy to commit a fraud is never of itself a cause of action'" (MBF Clearing Corp. v Shine, 212 A.D.2d 478, 479 [1995], quoting Brackett v Griswold, 112 N.Y. 454, 467 [1889]), particularly where, as here, plaintiff "failed to establish, other than by conclusory allegations...

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