Opinion
May 4, 2000.
Order, Supreme Court, New York County (Ira Gammerman, J.), entered October 7, 1998, which granted the motion of defendants Mallory Factor and Mallory Factor, Inc. to dismiss the complaint as against them for failure to state a cause of action, unanimously affirmed, with costs.
Pro Se, for Plaintiff-Appellant.
Herbert F. Kozlov Lawrence J. Reina, for Defendants-Respondents.
RUBIN, J.P., ANDRIAS, SAXE, BUCKLEY, FRIEDMAN, JJ.
Although the court on a motion to dismiss for failure to state a cause of action must accept all pleaded facts as true, plaintiff's bare and conclusory allegations that the Mallory defendants knew that plaintiff had given funds to co-defendant Scott Wolas in trust and that Wolas was violating that trust were insufficient to state a cause of action for aiding and abetting breach of trust (see, Quatrochi v. Citibank, N.A., 210 A.D.2d 53; see also, Fallon v. Wall St. Clearing Co., 182 A.D.2d 245, 250). Plaintiff's remaining causes of action against the Mallory defendants, predicated upon the existence of a partnership between them and Wolas, were also insufficiently pleaded, plaintiff's allegation of such partnership having been entirely devoid of facts from which the existence of the purported partnership might have been inferred (see,Quatrochi, supra; see also, Kyle v. Ford, 184 A.D.2d 1036).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.