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FORTRESS CREDIT CORP. v. RUSKIN MOSCOU FALTISCHEK P.C.

Nos. 7725, 651023/10.

95 A.D.3d 685 (2012)

943 N.Y.S.2d 890

2012 NY Slip Op 3954

FORTRESS CREDIT CORP. et al., Respondents, v. RUSKIN MOSCOU FALTISCHEK P.C., Appellant.

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

Decided May 22, 2012.

For the reasons stated in Fortress Credit Corp. v Dechert LLP (89 A.D.3d 615 [2011])—a case involving virtually identical facts and allegations—the complaint in this action fails to state claims for fraud, legal malpractice, negligence, negligent misrepresentation, and breach of fiduciary duty. Plaintiffs have not distinguished this case from Dechert and there has been...

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