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RAMOS v. RAMIREZ

31 A.D.3d 294 (2006)

818 N.Y.S.2d 916

JUAN RAMOS, Respondent, v. JAIME RAMIREZ, ESQ., et al., Defendants, and ALEXANDER MINELLA, ESQ., et al., Appellants.

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

July 13, 2006.

Notwithstanding the lenient standard for reviewing the sufficiency of a complaint pursuant to CPLR 3211 (see Leon v Martinez, 84 N.Y.2d 83 [1994]), plaintiff's fraud cause of action against defendant Minella must be dismissed. A fraud claim must be pleaded with particularity (CPLR 3016 [b]; New York City Health & Hosps. Corp. v St. Barnabas Community Health Plan,

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