Legal Opinion

Stewart v. Berger

Appellate Division of the Supreme Court of the State of New York

Decided March 23, 2016No. 2014-02438PublishedCited by 5 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for breach of fiduciary duty, breach of contract, and fraud, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Silber, J.), dated January 7, 2014, as denied those branches of his motion which were to vacate so much of an order of the same court (Baynes, J.), dated June 21, 2012, as granted those branches of the defend ants’ motion which were pursuant to CPLR 3211 (a) to dismiss the second, third, and fourth causes of action, which alleged breach of fiduciary duty, breach of contract, and…

2Cases cited18 opinions

  1. Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
  2. IDT Corp. v. Morgan Stanley Dean Witter & Co.New York Court of Appeals · 2009
  3. Reads Co., LLC v. KatzAppellate Division of the Supreme Court of the State of New York · 2010
  4. Postiglione v. CastroAppellate Division of the Supreme Court of the State of New York · 2014
  5. Herrera v. MTA Bus Co.Appellate Division of the Supreme Court of the State of New York · 2012

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3Cited by5 opinions

  1. Wells Fargo Bank, N.A. v. HarriganAppellate Division of the Supreme Court of the State of New York · 2020
  2. Matter of Stanislaus v. StanislausAppellate Division of the Supreme Court of the State of New York · 2017
  3. Serbian Spruce Assoc., Ltd. v. U.W. Marx, Inc.Appellate Division of the Supreme Court of the State of New York · 2022
  4. Singh v. SukhuAppellate Division of the Supreme Court of the State of New York · 2020
  5. M.W. v. Nassau CountyAppellate Division of the Supreme Court of the State of New York · 2025

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