Lizjan, Inc. v. Sahn Ward Coschignano & Baker, PLLC

In an action to recover damages for breach of fiduciary duty, the defendant appeals from an order of the Supreme Court, Nassau County (K. Murphy, J.), dated August 7, 2012, which denied its motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff alleged that the defendant law firm represented *915it during certain litigation, accepted settlement funds as escrow agent for the plaintiff, and thereafter transferred those funds to a nonparty entity. The plaintiff, alleging that it never received the settlement proceeds, commenced this…