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Greenberg v. Blake
Citations: 117 A.D.3d 683; 985 N.Y.S.2d 279
Court: Appellate Division of the Supreme Court of the State of New York; May 7, 2014; New York; State Appellate Court
In an appeal regarding the dismissal of a third-party complaint alleging fraud and other claims related to real property conveyances and mortgages, the Supreme Court of Kings County upheld the dismissal of the third-party complaint against the third-party defendants. The court affirmed the decision based on several key points: 1. **Common-Law Indemnification**: The court dismissed the first cause of action for common-law indemnification, stating that the complaint did not establish any duty owed by the third-party defendants to the third-party plaintiff, which is essential for a claim of indemnification. 2. **Fraud Allegations**: The third cause of action alleging fraud was also dismissed. For a fraud claim, specific elements must be adequately pleaded, including a false representation, knowledge of its falsity, intent to induce reliance, justifiable reliance, and damages. The court found that the allegations in the complaint were conclusory and lacked the required detail, failing to meet the standards set by CPLR 3016(b). 3. **Notary Misconduct Under Executive Law**: The second cause of action against third-party defendant Kevin Jay Vernick, based on alleged misconduct as a notary public, was dismissed. The court noted that documentary evidence conclusively disproved the allegations of misconduct, satisfying the criteria for dismissal under CPLR 3211(a)(1). The court's ruling was affirmed, and the appellant's remaining arguments were deemed without merit, with costs awarded for the respondents.