Cadet v. James B. Nutter & Co.

In an action to recover damages for negligence and fraud, the plaintiff appeals from an order of the Supreme Court, Kings County (Schmidt, J.), entered August 8, 2013, which granted the motion of the defendant James B. Nutter & Company pursuant to CPLR 3016 (b) and 3211 (a) (1) and (7) to dismiss the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

The complaint alleges that, in June 2009, the plaintiff and her husband sought to refinance the original mortgage on their home. On the advice of the defendant Lexington Capital Corp. (hereinafter Lexington),…