Justice Ellen Gesmer
Husband KS commenced an action for divorce, and wife ES’s second amended answer interposed counterclaims for breach of fiduciary duty, aiding and abetting a breach of fiduciary duty, and fraud, among other things. The court disagreed with KS’s argument that wife failed to plead with requisite particularity her counterclaims for breach of fiduciary duty, aiding and abetting a breach of fiduciary duty and fraud. It found her answer clearly alleged KS lied to her and represented that portions of proceeds from a 2009 loan would refinance an existing 2007 loan, and the remaining proceeds would be used by the family to "tide them over through the bad market." She claimed her signature on the loan was forged, and she was not told the 2009 loan would constitute a second lien on the parties’ apartment, in ES’s name alone. The court found the pleadings adequately stated the nature of KS’s alleged misrepresentations to ES, including the time when such misrepresentations were made. Also, the pleadings adequately set forth ES’s reliance on KS’s misrepresentations, and made clear the nature of ES’s damages for each cause of action. Thus, the court concluded there was no basis for dismissal of the first three counterclaims, denying same.
