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DOBROSHI v. BANK OF AM., N.A.

727.

2009 NY Slip Op 06382

ZANA DOBROSHI, ETC., Plaintiff-Respondent-Appellant, v. BANK OF AMERICA, N.A., ETC., Defendant-Appellant-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 8, 2009.

Attorney(s) appearing for the Case

Zeichner Ellman & Krause LLP, New York (Stephen F. Ellman of counsel), for appellant-respondent.

Toptani Law Offices, New York (Edward Toptani of counsel), for respondent-appellant.

Before: Andrias, J.P., Moskowitz, DeGrasse, Richter, JJ.

Contrary to defendant's claim, the second cause of action pleads fraud with sufficient particularity to satisfy CPLR 3016(b) (see Lanzi v Brooks, 43 N.Y.2d 778, 780 [1977]). It informs defendant that plaintiff complains of the significant increase in settlement costs between the Good Faith Estimate of Settlement Services (GFE) and the HUD-1 statement, and of the fact that she was informed about this increase only one day before the...

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