Often people make the mistake of trying to assert some type of conspiracy claim such as a conspiracy to commit fraud. Unfortunately, New York does not recognize an independent cause of action for conspiracy to commit a civil tort.  See Romano v. Romano, 2 A.D. 3d 430,432 [2nd Dept 2003](‘a cause of action sounding in civil conspiracy cannot stand alone, but stands or falls with the underlying tort’).” See Ghiz v. Schreck & Co., 2013 NY Slip Op 31516 (N.Y. Sup. Ct. 2013).

So, if you’re considering some conspiracy-type of argument in support of your claims, think again. They’ll most likely fail or at the very least add very little value to your overall lawsuit.