Summary
affirming trial court's dismissal of plaintiff's demand for punitive damages "for failure to allege facts showing willful, wanton, and reckless misconduct"
Summary of this case from BISK v. COOPER SQUARE REALTY, INC.Opinion
4486.
December 2, 2004.
Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered July 15, 2003, which, insofar as appealed from, granted defendants' motion pursuant to CPLR 3211 (a) (7) to dismiss plaintiff's causes of action for fraud and breach of fiduciary duty, with leave to replead, and plaintiff's claims for punitive damages, without leave to replead, unanimously affirmed, without costs.
Before: Nardelli, J.P., Andrias, Sullivan, Williams and Friedman, JJ.
Plaintiff's claim for fraudulent concealment was properly dismissed, with leave to replead, for failure to allege all of the required elements of such a claim ( see P.T. Bank Cent. Asia v. ABN AMRO Bank, 301 AD2d 373, 376). Plaintiff's claim for breach of fiduciary duty was properly dismissed, with leave to replead, for failure to allege facts showing that defendants' representation of certain interests was substantially related to their prior representation of plaintiff ( see Solow v. Grace Co., 83 NY2d 303, 308). Plaintiff's demand for punitive damages was properly dismissed, without leave to replead, for failure to allege facts showing willful, wanton and reckless misconduct ( see Giblin v. Murphy, 73 NY2d 769, 772).