Opinion
February 17, 1994
Appeal from the Supreme Court, New York County (William Davis, J.).
The invoices relied on by defendants do not definitively support their contention (see, United States Trust Co. v. Gill Duffus, 189 A.D.2d 655) that any price could be charged for the insurance that was procured for plaintiff, or definitively negate plaintiff's concealment and breach of trust claims. In addition, the causes of action sounding in fraud meet the pleading specificity requirements of CPLR 3016 (b), and plaintiff should be afforded an opportunity to prove its allegations at trial (see, Banner Indus. v. Schwartz, 181 A.D.2d 479).
We have considered defendants' remaining arguments and find them to be without merit.
Concur — Carro, J.P., Wallach, Ross, Rubin and Williams, JJ.