Siony v. Siunykalimi

In an action, inter alia, to recover damages for breach of contract and breach of fiduciary duty, the plaintiffs/counterclaim defendants and the additional counterclaim defendant appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Demarest, J.), dated November 26, 2013, as denied that branch of their motion which was pursuant to CPLR 3211 (a) (7) to dismiss the second counterclaim, which alleged that they breached a fiduciary duty to the defendants.

Ordered that the order is affirmed insofar as appealed from, with costs.

On a motion to dismiss a…