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Blank v. Noumair

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1997
239 A.D.2d 534 (N.Y. App. Div. 1997)

Summary

finding that plaintiff's breach of contract cause of action was properly dismissed inasmuch as the defendant was not a party to the agreements in question

Summary of this case from Inter Impex S.A.E. v. Comtrade Corporation

Opinion

May 27, 1997

Appeal from the Supreme Court, Westchester County (Fredman, J.).


Ordered that the order is affirmed, with costs.

The Supreme Court properly dismissed those claims by the plaintiff which were premised on the defendant's alleged violation of a fiduciary duty owed to him. The defendant was the attorney representing various limited partners in several limited partnerships in which the plaintiff was a general partner. Accordingly, he had no fiduciary obligation to the plaintiff under principles governing either partnerships or attorney-client relationships ( see generally, Lichtyger v. Franchard Corp., 18 N.Y.2d 528, 536; Nicoleau v. Brookhaven Mem. Hosp. Ctr., 181 A.D.2d 815).

Additionally, the allegations of the complaint fail to set forth the requisite elements to support viable claims sounding in fraud, tortious interference with business relations, or tortious interference with contractual relations ( see generally, Strasser v. Prudential Sec., 218 A.D.2d 526; EDP Hosp. Computer Sys. v Bronx-Lebanon Hosp. Ctr., 212 A.D.2d 570; Shea v. Hambro Am., 200 A.D.2d 371). Similarly, the plaintiff's breach of contract cause of action was properly dismissed inasmuch as the defendant was not a party to the agreements in question ( see, Walz v Todd Honeywell, 195 A.D.2d 455).

The plaintiff's remaining contentions are without merit.

Rosenblatt, J.P., Thompson, Sullivan and Friedmann, JJ., concur.


Summaries of

Blank v. Noumair

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1997
239 A.D.2d 534 (N.Y. App. Div. 1997)

finding that plaintiff's breach of contract cause of action was properly dismissed inasmuch as the defendant was not a party to the agreements in question

Summary of this case from Inter Impex S.A.E. v. Comtrade Corporation
Case details for

Blank v. Noumair

Case Details

Full title:MERV BLANK, Appellant, v. GEORGE NOUMAIR, Respondent

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

Date published: May 27, 1997

Citations

239 A.D.2d 534 (N.Y. App. Div. 1997)
658 N.Y.S.2d 88

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