CARR v. HAYES

6826, 104602/10.

92 A.D.3d 534 (2012)

938 N.Y.S.2d 435

2012 NY Slip Op 1184

LARRY CARR, Appellant, v. PAMELA D. HAYES et al., Respondents, et al., Defendant.

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

Decided February 16, 2012.


Plaintiff's conclusory allegations that his ex-wife, Clements, and her divorce attorney, Hayes, who also represented plaintiff in the sale of the couple's home, defrauded plaintiff out of his share of the proceeds of that sale, are insufficient to state a cause of action sounding in fraud and breach of trust (see CPLR 3016; see generally Pludeman v Northern Leasing Sys., Inc., 10 N.Y.3d 486

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