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Sharp v. Teague2/15/1994
30 N.C. App. at 392, 226 S.E.2d at 835. The complaint in this case does not meet the requirements of particularity with regard to fraud or constructive fraud and presents nothing more than conclusory statements with regard to these claims. The claims as alleged are nothing more than claims for negligence. See Childers v. Hayes, 77 N.C. App. 792, 795, 336 S.E.2d 146, 148 (1985) (breach of fiduciary duty claim treated as one for negligence), disc. rev. denied, 316 N.C. 375, 342 S.E.2d 892 (1986). Accordingly, the claims demoninated fraud and breach of fiduciary duty were properly dismissed.
Affirmed.
Judges MARTIN and JOHN concur.
Disposition
Affirmed.
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