Opinion
11329 Index 300163/18
04-02-2020
Aleks Y. KOVKOV, Plaintiff–Appellant, v. LAW FIRM OF DAYREL SEWELL, PLLC, et al., Defendants, The Schutzer Group, et al., Defendants–Respondents.
Aleks Y. Kovkov, appellant pro se. The Schutzer Group, PLLC, New York (Eric P. Schutzer of counsel), for The Schutzer Group, PLLC and Rickin Desai, respondents. Cullen and Dykman LLP, Garden City (Ryan Soebke of counsel), for Anthony Agolia and Fordham University, respondents.
Aleks Y. Kovkov, appellant pro se.
The Schutzer Group, PLLC, New York (Eric P. Schutzer of counsel), for The Schutzer Group, PLLC and Rickin Desai, respondents.
Cullen and Dykman LLP, Garden City (Ryan Soebke of counsel), for Anthony Agolia and Fordham University, respondents.
Gische, J.P., Gesmer, Oing, Moulton, JJ.
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about January 7, 2019, which granted defendants-respondents Anthony Agolia and Fordham University's motion and defendants-respondents The Schutzer Group, PLLC and Rickin Desai's motion, each pursuant to CPLR 3211(a) to dismiss the complaint as against them, and dismissed the complaint as against them with prejudice, unanimously affirmed, without costs.
On a motion to dismiss pursuant to CPLR 3211(a)(7), the pleadings are afforded a liberal construction and the only issue is whether the facts alleged, accepted as true, state a claim ( Leon v. Martinez , 84 N.Y.2d 83, 87–88, 614 N.Y.S.2d 972, 638 N.E.2d 511 [1994] ). New York does not recognize an independent cause of action for civil conspiracy, which may only be asserted to connect actions of separate defendants to an underlying tort (see Abacus Fed. Sav. Bank v. Lim , 75 A.D.3d 472, 474, 905 N.Y.S.2d 585 [1st Dept. 2010] ). To assert a civil conspiracy claim, the complaint must allege a cognizable cause of action, agreement among the conspirators, an overt act in furtherance of the agreement, intentional participation by the conspirators in furtherance of a plan or purpose, and damages ( id. ). Bare, conclusory allegations of conspiracy are insufficient ( Schwartz v. Society of N.Y. Hosp. , 199 A.D.2d 129, 130, 605 N.Y.S.2d 72 [1st Dept. 1993] ). Here, the complaint only alleges bare, conclusory allegations that defendants-respondents engaged in a conspiracy to defraud plaintiff, to breach a retainer agreement he entered into with a nonparty to this appeal, to breach afiduciary duty and to intentionally inflict emotional distress upon him.