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KLINE v. TAUKPOINT REALTY CORP

Appellate Division of the Supreme Court of New York, Second Department.
Feb 13, 2003
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DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

The elements of common-law fraud are a representation of a material fact, falsity, scienter, reliance, and injury (see Vermeer Owners v. Guterman, 78 N.Y.2d 1114). Bare allegations of fraud in a complaint without any allegation of the details constituting the wrong are not sufficient to sustain a cause of action. Therefore, the amended complaint was properly dismissed (see CPLR 3016(b); Priolo Communications v. MCI Telecommunications Corp., 248 A.D.2d 453; Zaref v. Berk Michaels, 192 A.D.2d 346, 349; Lapis Enterprises v. International Blimpie Corp., 84 A.D.2d 286, 292). The plaintiff's attempt to seize upon the trial court's inadvertent error in referring to the defendants as "plaintiff" is without merit.

The plaintiff's remaining contention is without merit (see Josephine Anthony Corp. v. Horwitz, 58 A.D.2d 643).

SANTUCCI, J.P., KRAUSMAN, SCHMIDT and ADAMS, JJ., concur.