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KANEV v. TURK

Appellate Division of the Supreme Court of New York, First Department.
Nov 24, 1992

The verified complaint adequately sets forth causes of action for fraud and breach of fiduciary duty. Plaintiff alleges, inter alia: that defendant-appellant was her accountant; that he advised her to loan $25,000 to another one of his clients; that he advised her that there was no need to secure the loan; that he knew of the borrower's insolvency and intentionally deceived plaintiff; that plaintiff relied on defendant-appellant's advice; and, plaintiff was damaged as a result, since the loan has not been fully repaid (see, Lyons v Quandt, 91 A.D.2d 709; Mandelblatt v Devon Stores, 132 A.D.2d 162, 166-168).

We have considered all other claims and find them to be of no merit.

Concur — Carro, J.P., Milonas, Ellerin, Wallach and Kupferman, JJ.