Ordered that the cross appeal by the defendant Chase Manhattan Bank, N. A., is dismissed as abandoned, without costs or disbursements; and it is further,
Ordered that the order is affirmed insofar as appealed from by the plaintiff and cross-appealed from by the defendant Marine Midland Bank, N. A., without costs or disbursements.
The Supreme Court did not err in granting that branch of the motion of the defendant Chase Manhattan Bank, N. A., which was to dismiss the cause of action based on fraud insofar as asserted against it. That cause of action in the amended complaint was not pleaded with the particularity required by CPLR 3016 N.Y.C.P.L.R. (b) ( see, 125 Assocs. v. Cralin Trading Assocs., 196 A.D.2d 630; Ferguson v. Meridian Distrib. Servs., 155 A.D.2d 642; National Westminster Bank v. Weksel, 124 A.D.2d 144), and there was no basis to believe that facts essential to justify opposition to the motion to dismiss would be uncovered through disclosure ( see, Glassman v. Catli, 111 A.D.2d 744).
The parties' remaining contentions are without merit.
Joy, J. P., Krausman, Florio and Luciano, JJ., concur.