McLaughlin & Stern, L. L. P. v. Lipkin

—Order, Supreme Court, New York County (Walter Tolub, J.), entered on or about May 10, 2001, which denied defendants’ motion to dismiss the complaint, unanimously affirmed, with costs.

Plaintiff law firm’s allegations that defendant former partner diverted a firm fee while still a partner, contrary to his representations on which plaintiff justifiably relied in entering into the subject release, suffice to show fraud (see, Swersky v Dreyer & Traub, 219 AD2d 321, 326; Bernstein v Kelso & Co., 231 AD2d 314, 320) such as would allow plaintiff to avoid the release (see, Mangini v McClurg, 24 NY2d…