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Larry Carr v. Pamela D. Hayes

New York Supreme and/or Appellate Courts Appellate Division, First Department


February 16, 2012

LARRY CARR,
PLAINTIFF-APPELLANT,
v.
PAMELA D. HAYES, ETC., ET AL.,
DEFENDANTS-RESPONDENTS,
REGINA L. DARBY, ETC.,
DEFENDANT.

Carr v Hayes

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 16, 2012

Friedman, J.P., Sweeny, Renwick, DeGrasse, Roman, JJ.

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered June 21, 2011, which, insofar as appealed from as limited by the briefs, granted the motion of defendants Hayes and Clements to dismiss the complaint as against them, unanimously affirmed, without costs.

Plaintiff's conclusory allegations that his ex-wife, Clements, and her divorce attorney, Hayes, who also represented plaintiff in the sale of the couple's home, defrauded plaintiff out of his share of the proceeds of that sale, are insufficient to state a cause of action sounding in fraud and breach of trust (see CPLR 3016; see generally Pludeman v Northern Leasing Sys., Inc., 10 NY3d 486, 492 [2008]). Moreover, plaintiff's unsupported assertions that all of the documentation regarding the sale of the home, submitted to the court below, was "fraudulent," "false" and "staged," are insufficient to defeat the motion to dismiss plaintiff's claims for fraud, conversion and legal malpractice (see CPLR 3211[a][1]).

We have considered plaintiff's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 16, 2012

CLERK

20120216

© 1992-2012 VersusLaw Inc.



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