Fink v. Citizens Mortgage Banking Ltd.

In an action to recover damages for fraud, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Roncallo, J.), dated January 25, 1988, which granted the defendant’s motion to dismiss the complaint.

Ordered that the order is affirmed, with costs.

In order to plead a prima facie case of fraud, a plaintiff must allege each of the elements of fraud with particularity and must support each element with an allegation of fact (see, CPLR 3016 [b]; Lanzi v Brooks, 54 AD2d 1057, affd 43 NY2d 778).

Specifically the plaintiffs’ complaint alleges that the defendant never intended to…