Legal Opinion

Nesenoff v. Dinerstein & Lesser, P.C.

Appellate Division of the Supreme Court of the State of New York

Decided March 29, 2004PublishedCited by 8 opinions

1Opinion of the Court

In action, inter alia, to recover damages for breach of fiduciary duty and breach of contract, the defendants appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated *747December 11, 2002, which treated their post-answer motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) and for summary judgment pursuant to CPLR 3212 solely as one for summary judgment, and denied it.

Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the motion which were for summary judgment dismissing the second and third causes of action…

2Cases cited8 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Murphy v. American Home Products Corp.New York Court of Appeals · 1983
  3. Howell v. New York Post Co.New York Court of Appeals · 1993
  4. S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
  5. Rich v. LefkovitsNew York Court of Appeals · 1982

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Hoyte v. EpsteinAppellate Division of the Supreme Court of the State of New York · 2004
  2. State v. GreccoAppellate Division of the Supreme Court of the State of New York · 2005
  3. Guiles v. SimserNew York Supreme Court · 2005
  4. Harper v. FarensbachAppellate Division of the Supreme Court of the State of New York · 2004
  5. State v. GreccoAppellate Division of the Supreme Court of the State of New York · 2004

3 more not listed; retrieve them via the Exa API.

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