Haller v. Lopane

In an action to recover damages for fraud, the defendants appeal from an order of the Supreme Court, Westchester County (Barone, J.), dated August 1, 2002, which denied their motion, inter alia, to dismiss the complaint pursuant to CPLR 3211 (a) (4).

Ordered that the order is affirmed, with costs.

The defendants moved, inter alia, to dismiss the complaint pursuant to CPLR 3211 (a) (4), based on another action pending between the same parties seeking payment of a promissory note and recovery of amounts allegedly improperly distributed to the defendant Anthony Lopane as administrator of his…