Estate of Sassa v. Alfieri

In an action, inter alia, to recover damages for fraud and unjust enrichment, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Jonas, J.), dated October 30, 2003, as denied that branch of their motion which was for summary judgment dismissing the complaint.

*362Ordered that the order is affirmed insofar as appealed from, with costs.

That branch of the defendants’ motion which was for summary judgment dismissing the complaint was based on the same legal arguments and, to a large extent, on the same evidence previously considered by this…