Opinion
July 7, 1986
Appeal from the Supreme Court, Kings County (Golden, J.).
Order modified, on the law, by deleting the provision thereof which denied those branches of the appellants' separate motions which were to dismiss the fifth cause of action insofar as that cause of action is asserted against them and substituting therefor a provision granting those branches of the appellants' motions. As so modified, order affirmed insofar as appealed from, without costs or disbursements.
On this appeal, the appellants challenge the sufficiency of the first, second and fifth causes of action of the complaint. The first and second causes of action, which allege legal malpractice and fraud in violation of Judiciary Law § 487, respectively, state cognizable causes of action and are adequately pleaded (see, Jered Contr. Corp. v New York City Tr. Auth., 22 N.Y.2d 187; Foley v D'Agostino, 21 A.D.2d 60).
However, the fifth cause of action alleges only a hybrid claim of civil conspiracy. It is well settled that there is no independent tort of civil conspiracy recognized in this State (Burns Jackson Miller Summit Spitzer v Lindner, 88 A.D.2d 50, affd 59 N.Y.2d 314). Consequently, the fifth cause of action must be dismissed as against the appellants.
The parties' other contentions are without merit. Weinstein, J.P., Niehoff, Lawrence and Kooper, JJ., concur.