BLANK v. NOUMAIR

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Supreme Court, Appellate Division, Second Department, New York.

Merv BLANK, Appellant, v. George NOUMAIR, Respondent.

Decided: May 27, 1997

Before ROSENBLATT, J.P., and THOMPSON, SULLIVAN and FRIEDMANN, JJ. Meltzer, Lippe, Goldstein, Wolf & Schlissel, P.C., Mineola (Richard Gabriele and Keith M. Merriwether, III, of counsel), for appellant. Noumair Riad, P.C., New York City (John V. Thornton, of counsel), for respondent.

In an action, inter alia, to recover damages for breach of fiduciary duty and fraud, the plaintiff appeals from an order of the Supreme Court, Westchester County (Fredman, J.), entered June 3, 1996, which granted the defendant's motion to dismiss the complaint and denied the plaintiff's motion for leave to replead.

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, 277 N.Y.S.2d 377, 223 N.E.2d 869;  Nicoleau v. Brookhaven Mem. Hosp. Center, 181 A.D.2d 815, 581 N.Y.S.2d 382).

 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, 630 N.Y.S.2d 80;  EDP Hosp. Computer Sys. v. Bronx-Lebanon Hosp. Ctr., 212 A.D.2d 570, 622 N.Y.S.2d 557;  Shea v. Hambro Am., 200 A.D.2d 371, 606 N.Y.S.2d 198).   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, 599 N.Y.S.2d 638).

The plaintiff's remaining contentions are without merit.

MEMORANDUM BY THE COURT.

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