Legal Opinion
Moss v. Moche
Appellate Division of the Supreme Court of the State of New York
Decided April 9, 1990PublishedCited by 3 opinions
1Opinion of the Court
an action to recover damages for malpractice, breach of fiduciary duty and fraud, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Kutner, J.), entered September 21, 1988, which granted the motion of the defendant Allen C. Moche to dismiss the complaint as against him pursuant to CPLR 3211 (a) (7) for failure to state a cause of action.
Ordered that the order is affirmed, with costs.
We agree with the Supreme Court’s conclusion that the allegations of the complaint fail to set forth the requisite elements of fraud, malpractice and breach of fiduciary duty (see, CPLR…
2Cases cited8 opinions
- Barclay Arms, Inc. v. Barclay Arms AssociatesNew York Court of Appeals · 1989
- Bardere v. ZafirNew York Court of Appeals · 1984
- Zigabarra v. FalkAppellate Division of the Supreme Court of the State of New York · 1988
- Elsky v. KM Insurance BrokersAppellate Division of the Supreme Court of the State of New York · 1988
- Glatzer v. ScappaturaAppellate Division of the Supreme Court of the State of New York · 1984
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
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- Messiah's Covenant Community Church v. WeinbaumAppellate Division of the Supreme Court of the State of New York · 2010
- Rosenbaum v. Premier Sydell, Ltd.Appellate Division of the Supreme Court of the State of New York · 1997