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ROBERTSON v. WELLS

2011-07496.

95 A.D.3d 862 (2012)

944 N.Y.S.2d 194

2012 NY Slip Op 3432

ETHER ROBERTSON, Respondent, v. ASWALD WELLS, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 1, 2012.

Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the defendant's motion which were pursuant to CPLR 3211 (a) (5) to dismiss, as time-barred, so much of the complaint as, in effect, alleged negligence, and pursuant to CPLR 3211 (a) (7) to dismiss the causes of action to recover damages for fraud and unjust enrichment, and substituting therefor provisions granting those branches...

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