Fils-Aime v. Ryder TRS, Inc.

OPINION OF THE COURT

Daniel Palmieri, J.

Ordered that this motion by third-party defendant Cornell University (action No. 2, Jachowicz v VerMilyea, Index No. 2635/02) pursuant to CPLR 3211 (a) (1), (5) and (7) for an order dismissing the complaint prior to answer, or, in the alternative, for conversion of the action to a special proceeding pursuant to CPLR article 78 and, upon such conversion, dismissing the proceeding pursuant to CPLR 217 (1), 3211 (a) (5) and (7) and 7804 (f) is granted to the extent that the third cause of action sounding in breach of fiduciary duty is dismissed, and the…