MACK v. MEIER

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the plaintiff has failed to plead the existence of a fiduciary relationship which would support a cause of action for constructive fraud, and the record does not support a finding that such a relationship existed (see, Brown v. Lockwood, 76 A.D.2d 721, 731). Accordingly, the complaint was properly dismissed.

Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.