Amherst Magnetic Imaging Associates v. Community Blue

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: As limited by their brief, defendants appeal from that portion of an order of Supreme Court that denied their motion to dismiss the complaint insofar as it alleges fraud, seeks an accounting, and demands punitive damages. Defendants sought dismissal pursuant to CPLR 3211 (a) (7) for failure to state a cause of action and, insofar as the fraud claim is concerned, for *893failure to plead the claim with particularity, as required by CPLR 3016 (b).

Plaintiff has pleaded a cause of…