Opinion
2002-00214
Submitted January 21, 2003.
February 13, 2003.
In an action to recover damages for fraud, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Berler, J.), entered December 12, 2001, which, upon a determination, inter alia, that the amended complaint failed to plead the claims with particularity, as asserted in the defendants' eighth defense, dismissed the amended complaint.
Joan Kline, Brentwood, N.Y., appellant pro se.
Lazer, Aptheker, Feldman, Rosella Yedid, P.C., Melville, N.Y. (David Lazer of counsel), for respondents.
Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The elements of common-law fraud are a representation of a material fact, falsity, scienter, reliance, and injury (see Vermeer Owners v. Guterman, 78 N.Y.2d 1114). Bare allegations of fraud in a complaint without any allegation of the details constituting the wrong are not sufficient to sustain a cause of action. Therefore, the amended complaint was properly dismissed (see CPLR 3016(b); Priolo Communications v. MCI Telecommunications Corp., 248 A.D.2d 453; Zaref v. Berk Michaels, 192 A.D.2d 346, 349; Lapis Enterprises v. International Blimpie Corp., 84 A.D.2d 286, 292). The plaintiff's attempt to seize upon the trial court's inadvertent error in referring to the defendants as "plaintiff" is without merit.
The plaintiff's remaining contention is without merit (see Josephine Anthony Corp. v. Horwitz, 58 A.D.2d 643).
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and ADAMS, JJ., concur.