Mann v. Malasky
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMugglin, J.
Appeal from an order of the Supreme Court (Work, J.), entered April 4, 2006 in Ulster County, which granted defendant’s motion to dismiss the complaint.
When this case was last here, we affirmed the preanswer dismissal of plaintiffs complaint for failure to state either a cause of action for fraud or conversion against any moving party, all of whom were the attorneys for the trustees (Mann v Rusk, 14 *1137AD3d 909 [2005]). However, we modified to reinstate the causes of action against defendant finding that, as a nonmovant, Supreme Court should not have granted CPLR 3211 relief to her. After…
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