Sienk v. Smolka (142 A.D.2d 944, 1988)

Order and judgment unanimously affirmed without costs. Memorandum: We agree with Special Term that plaintiff has failed to plead sufficient evidentiary facts to sustain an independent cause of action for fraud. The fraudulent concealment alleged in the complaint is an element of plaintiffs cause of action for legal malpractice (see, Simcuski v Saeli, 44 NY2d 442). (Appeal from order and judgment of Supreme Court, Erie County, Ricotta, J.-dismiss cause of action.) Present—Doerr, J. P., Denman, Boomer, Green and Balio, JJ., concur.