Opinion
November 14, 1995
Appeal from the Supreme Court, Bronx County (Stanley Green, J.).
The motion was properly denied as plaintiffs' proposed amended complaint lacks the specificity required to state a cause of action for fraud (CPLR 3016 [b]; see, Bank Leumi Trust Co. v D'Evori Intl., 163 A.D.2d 26, 28). We note, however, that the relief plaintiff seeks, essentially an accounting of contingent fee cases in which the subject partnership had been retained prior to its December 31, 1986 dissolution, is cognizable under the fourth cause of action of the original complaint as pleaded and states a viable claim ( Raymond v Brimberg, 99 A.D.2d 988, 989; Shandell v Katz, 217 A.D.2d 472).
Concur — Ellerin, J.P., Ross, Nardelli and Tom, JJ.