Harry Levine Corporation v. K. Gimbel Accessories

Plaintiffs second cause of action is for damages based upon fraud. The complaint, in conclusory fashion, alleges a conspiracy between Gimbel and the other defendants to induce plaintiff to execute a lease on the false misrepresentation that the premises would be vacated 30 days prior to commencement of the lease. This complaint suffers generally from the infirmity which condemned the complaints in Daukas v. Shearson, Hammill & Co. (23 A.D.2d 833) and in Kramer v. Loeb, Rhoades & Co. (20 A.D.2d 634). The privilege of serving an amended pleading rests not only upon formal corrections in the deficient pleading, but also upon an evidentiary showing that the cause of action can be supported. (Cushman & Wakefield v. John David, Inc., supra.)