Emord v. Emord

In an action, inter alia, to recover damages for fraud, the defendant William J. Volkman, Jr., appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Lama, J.), dated December 10, 1990, as denied his motion to dismiss the complaint.

*776Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Upon our review of the pleadings, we find that a fair reading of the plaintiffs complaint sets forth a cause of action sounding in actual fraud against both defendants. Concealment, with intent to defraud, of facts which one is…