PAOLOZZI IMPORTS INC DOING BUSINESS AS DEALMAKER HONDA DOING BUSINESS AS DEALMAKER HONDA OF WATERTOWN DEALMAKER AUTO GROUP DEALMAKER DODGE LLC DEALMAKER FORD INC DEALMAKER DOING BUSINESS AS SEAWAY CHEVROLET OLDS AUTO SALES INC DOING BUSINESS AS SEAWAY FORD DEALMAKER FORD OF CLAY LLC DOING BUSINESS AS DEALMAKER BODY SHOP AND DEALMAKER NISSAN LLC PLAINTIFFS APPELLANTS v. ET AL DEFENDANT (2015)

Supreme Court, Appellate Division, Fourth Department.

V.M. PAOLOZZI IMPORTS, INC., DOING BUSINESS AS DEALMAKER HONDA, DOING BUSINESS AS DEALMAKER HONDA OF WATERTOWN, DEALMAKER AUTO GROUP, L.L.C., DEALMAKER DODGE, LLC, DEALMAKER FORD, INC., DEALMAKER, L.L.C., DOING BUSINESS AS SEAWAY CHEVROLET–OLDS, B & J AUTO SALES, INC., DOING BUSINESS AS SEAWAY FORD, DEALMAKER FORD OF CLAY, LLC, DOING BUSINESS AS DEALMAKER BODY SHOP, AND DEALMAKER NISSAN, LLC, PLAINTIFFS–APPELLANTS, v. JUNIOR STEFANINI, DEFENDANT–RESPONDENT, ET AL., DEFENDANT.

CA 14–01818

Decided: June 12, 2015

PRESENT: SCUDDER, P.J., SMITH, SCONIERS, WHALEN, AND DEJOSEPH, JJ.

BOND, SCHOENECK & KING, PLLC, SYRACUSE (BRIAN J. BUTLER OF COUNSEL), FOR PLAINTIFFS–APPELLANTS. TOWNE, RYAN & PARTNERS, P.C., ALBANY (DANA K. SCALERE OF COUNSEL), FOR DEFENDANT–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated in the decision at Supreme Court. We write only to note that, although the court erred in determining that plaintiffs failed to plead a fraud cause of action with the requisite specificity pursuant to CPLR 3016(b), the court nevertheless properly dismissed that cause of action against Junior Stefanini (defendant). The fraud cause of action was based on nothing more than speculation and unsubstantiated assertions, and plaintiffs failed to raise an issue of fact to defeat that part of defendant's motion for summary judgment dismissing it against him (see generally Zuckerman v. City of New York, 49 N.Y.2d 557, 562).

Frances E. Cafarell

Clerk of the Court

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