Brawer v. Johnson

In a class action, inter alia, to recover damages for fraud and breach of fiduciary duties in connection with the conversion of a bank from mutual to stock form, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Durante, J.), dated July 24, 1995, as granted those branches of the defendants’ separate motions pursuant to CPLR 3211 which were to dismiss those causes of action in the complaint based on fraud, misrepresentation, and breach of fiduciary duties.

Ordered that the order is affirmed insofar as appealed from, with one bill…