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Bower v. Anderson

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 305 (N.Y. App. Div. 1995)

Opinion

November 6, 1995

Appeal from the Supreme Court, Nassau County (Collins, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff's causes of action to recover damages for fraud alleged the essential elements of fraud (see, Clearview Concrete Prods. Corp. v S. Charles Gherardi, Inc., 88 A.D.2d 461) and set them forth in sufficient detail to clearly inform the defendant Joel Jacobson of the incidents complained of (see, CPLR 3016 [b]; Lanzi v Brooks, 43 N.Y.2d 778). Accordingly, the fraud causes of action should not be dismissed. The denial of dismissal of the plaintiff's cause of action alleging breach of a fiduciary duty was proper as the defendant Joel Jacobson failed to present an argument warranting dismissal of that cause of action.

We reject the defendant Joel Jacobson's application to sever the causes of action asserted against him. The roles of the defendant Joel Jacobson and the other codefendants are so inextricably interwoven that a single trial is appropriate in the furtherance of the interest of judicial economy (see, McIver v Canning, 204 A.D.2d 698; Klein v City of Long Beach, 154 A.D.2d 346). Balletta, J.P., Miller, O'Brien and Copertino, JJ., concur.


Summaries of

Bower v. Anderson

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 305 (N.Y. App. Div. 1995)
Case details for

Bower v. Anderson

Case Details

Full title:RICHARD BOWER, Respondent, v. THOMAS D. ANDERSON et al., Defendants, and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 6, 1995

Citations

221 A.D.2d 305 (N.Y. App. Div. 1995)
635 N.Y.S.2d 474

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