Wider v. Omni Title Agency, Inc.

— In an action to recover damages for negligence and breach of fiduciary duty, the defendant appeals from an order of the Supreme Court, Nassau County (Cozzens, J.), dated October 1, 2004, which denied its motion to dismiss the complaint, inter alia, on the grounds of the statute of limitations and lack of standing.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The Supreme Court incorrectly characterized the complaint as alleging breach of contract. The plaintiffs set forth a claim predicated upon theories of negligence and…