Mack v. Meier

Full title: JUDITH MACK, Appellant, v. BRUCE S. MEIER et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 1, 1998

251 A.D.2d 298 (N.Y. App. Div. 1998)

675 N.Y.S.2d 540

Opinion

June 1, 1998

Appeal from the Supreme Court, Rockland County (Sherwood, J.).

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the plaintiff has failed to plead the existence of a fiduciary relationship which would support a cause of action for constructive fraud, and the record does not support a finding that such a relationship existed (see, Brown v. Lockwood, 76 A.D.2d 721, 731). Accordingly, the complaint was properly dismissed.

Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.