Paino v. Kaieyes Realty, LLC

In an action, inter alia, to rescind two assignments of a mortgage and to recover damages for fraud and breach of fiduciary duty, the plaintiffs appeal, as limited by their brief and a letter to the Court dated June 14, 2013, from so much of an order of the Supreme Court, Richmond County (McMahon, J.), dated July 31, 2012, as granted that branch of the renewed motion of the defendant Carlo Scissura which was to dismiss the complaint insofar as asserted against him pursuant to CPLR 3211 (a) (7).

Ordered that the order is modified, on the law, by deleting the provisions thereof granting that…