Goldfarb v. Schwartz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of fiduciary duty and legal malpractice, the defendant appeals from an order of the Supreme Court, Kings County (Hinds-Radix, J.), dated June 21, 2005, which denied his motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the amended complaint for failure to state a cause of action and on the ground that a defense was founded upon documentary evidence.
Ordered that the order is reversed, on the law, with costs, and the motion is granted.
The plaintiff and her young daughter were beneficiaries of the estate of the plaintiffs mother. The…
2Cases cited13 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Morone v. MoroneNew York Court of Appeals · 1980
- Hubbell v. Trans World Life Ins. Co. of New YorkNew York Court of Appeals · 1980
- Conti v. PolizzottoAppellate Division of the Supreme Court of the State of New York · 1997
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