Hense v. Baxter
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for fraud and breach of fiduciary duty, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Smith, J.), dated June 17, 2009, as denied his cross motion pursuant to CPLR 3215 for leave to enter a default judgment and granted that branch of the defendant’s motion which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action.
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff commenced this action against the attorney who…
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