Fishberger v. Voss
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 fraud and breach of fiduciary duty, the plaintiffs appeal (1), as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Nastasi, J.), entered April 9, 2007, as granted that branch of the motion of the defendants Christian H. Voss and Sally Voss which was, in effect, to dismiss the fifth cause of action in the amended complaint pursuant to CELR 3211 (a) (7), and (2) from an order of the same court entered December 12, 2007 which denied their motion for leave to reargue.
*628Ordered that the appeal from the order…
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