Opinion
2002-04009
Submitted March 17, 2003.
April 14, 2003.
In an action to recover damages for conspiracy to commit fraud, the plaintiff appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated February 15, 2002, which granted the motion of defendants Joseph LaMattina, Paul Lemole, and Agatha Yennella Sciaraffo, joined by the defendant Regina Palumbo, for summary judgment dismissing the complaint.
Gordon Gordon, Forest Hills, N.Y. (Peter S. Gordon of counsel), for appellant.
Joseph LaMattina, Staten Island, N.Y., respondent pro se, Paul A. Lemole, Staten Island, N.Y., respondent pro se, Lindenbaum Young, Brooklyn, N.Y. (Alan Young of counsel), for respondent Regina Palumbo, and Christopher P. Nalley, Staten Island, N.Y., for respondent Agatha Yanello Sciaraffo (one brief filed).
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, GABRIEL M. KRAUSMAN, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with one bill of costs.
In support of the motion for summary judgment dismissing the complaint, evidence was submitted that the plaintiff's allegations were insufficient to support a cause of action alleging civil conspiracy to defraud him out of his funds, and the plaintiff failed to raise a triable issue of fact in response (see generally New York Univ. v. Continental Ins. Co., 87 N.Y.2d 308, 318; Knowles v. City of New York, 176 N.Y. 430, 437; Gould v. Community Health Plan of Suffolk, 99 A.D.2d 479; Lapis Enterprises v. International Blimpie Corp., 84 A.D.2d 286, 292). Moreover, to the extent the complaint purports to allege causes of action to recover damages for legal malpractice or conversion, those causes of actions are time-barred (see CPLR 214 and [6]). Therefore, the Supreme Court properly granted the motion for summary judgment dismissing the complaint.
RITTER, J.P., SMITH, KRAUSMAN and RIVERA, JJ., concur.