Plaintiff owns a building in which it leased space to defendants Petry Television, Inc., and Blair Television, Inc. (the Petry
The complaint does not allege that the initial loan was fraudulent or that the subsequent purchase of the loan by certain of the other defendants was fraudulent. Plaintiff does not dispute that the Petry Tenants pledged substantially all of their assets as collateral for additional loans in 2003 or that the other defendants have put substantially more money into the Petry Tenants than they have received in return. Plaintiff merely asserts, without explanation, that a 2003 public sale of the assets of the Petry Tenants’ holding company, Petry Media, and subsequent loan refinancings and amendments to the agreement were fraudulent and in violation of the Debtor and Creditor Law, inter alia, and challenges the validity of the loan payments resulting from these refinancings and amendments.
Plaintiff does not explain how the disputed transactions, which occurred almost four years after the lease was entered into and five years before the alleged breach, amounted to a scheme to cheat it out of the rent it was owed. Plaintiff does not explain what made the public sale or the loan repayments to secured creditors fraudulent. Plaintiff does not allege exactly which defendant engaged in what activity and when, in furtherance of the alleged fraud. Plaintiff simply states that everyone who was involved in any way with the 2003 transaction participated in fraudulent activity.
Contrary to plaintiffs contention, these bare legal conclusions, especially as they concern claims of fraud, are not entitled to be accepted as true on a motion to dismiss on the pleadings (see Starr Found. v American Intl. Group, Inc., 76 AD3d 25, 42 [2010]; Kliebert v McKoan, 228 AD2d 232, 232 [1996], lv denied 89 NY2d 802 [1996]). A fortiori, they are insufficient to defeat a motion for summary judgment (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]).
Plaintiff’s motion for leave to renew Patriarch Partners, LLC’s motion for summary judgment as to the second cause of action based on a theory of alter ego liability must be denied for
We have considered plaintiffs remaining arguments and find them without merit. Concur — Tom, J.E, Andrias, Catterson, Abdus-Salaam and Román, JJ.