Barkany Asset Recovery & Management v. Southwest Securities Inc.

OPINION OF THE COURT

Carolyn E. Demarest, J.

Defendants Southwest Securities Inc. and Leighton Stallones (collectively referred to as Southwest defendants) move for an order, pursuant to CPLR 3211 (a) (7), dismissing the complaint as against them.

The Southwest defendants’ motion is granted to the extent that the breach of fiduciary duty cause of action (fifth cause of action) is dismissed. The motion is otherwise denied.

In the complaint, plaintiff Barkany Asset Recovery & Management alleges that it is the assignee of a loan and associated rights entered into between nonparty Pratt Foreclosures,…