Adrien v. Estate of Zurita

In an action, inter alia, to recover damages for fraud, the defendant Paul Shoock appeals, as limited by his brief, from so much of an order of the Supreme Court, Orange County (Horowitz, J.), dated January 14, 2005, as denied his motion for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the defendant Paul Shoock, and the action against the remaining defendants is severed.

The plaintiff commenced this…