Opinion
August 16, 1993
Appeal from the Supreme Court, Nassau County (Saladino, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendants assert, among other things, that the plaintiff's allegations of fraud are insufficiently detailed to satisfy CPLR 3016 (b). We disagree. CPLR 3016 (b) "requires only that the misconduct complained of be set forth in sufficient detail to clearly inform a defendant with respect to the incidents complained of" (Lanzi v Brooks, 43 N.Y.2d 778, 780). It "is not to be interpreted so strictly as to prevent an otherwise valid cause of action in situations where it may be 'impossible to state in detail the circumstances constituting a fraud'" (Lanzi v Brooks, 43 N.Y.2d 778, 780, supra, remittitur amended on other grounds 43 N.Y.2d 947, quoting Jered Contr. Corp. v New York City Tr. Auth., 22 N.Y.2d 187, 194). Given the nature of the allegations here, it would be impossible for the plaintiff to state the circumstances in more detail because, if the allegations are true, only the defendants would have knowledge of the details.
We have examined the defendants' remaining contentions and find them to be without merit. Rosenblatt, J.P., Miller, Santucci and Joy, JJ., concur.