Kaminsky v. FSP Inc.

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered July 25, 2003, which, to the extent appealed from as limited by the briefs, granted defendants’ motion pursuant to CPLR 3211 (a) (1) and (7) insofar as to dismiss the second cause of action, for breach of fiduciary duty, but denied the motion with respect to the first cause of action, for breach of contract, unanimously affirmed, with costs.

The denial of defendants’ motion with respect to plaintiffs’ cause of action for breach of contract was correct since the verified complaint, particularly as amplified by plaintiff Gary *252…