CITIBANK, N. A. v. BATTLE


259 A.D.2d 406 (1999)

687 N.Y.S.2d 134

CITIBANK, N. A., Plaintiff, v. GRADY BATTLE et al., Defendants. GRADY BATTLE et al., Third-Party Plaintiffs-Respondents, v. KLAR, PIERGROSSI & GALLINA et al., Third-Party Defendants-Appellants, et al., Third-Party Defendant.

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

Decided March 25, 1999.


Although the evidence of what precisely transpired in this rather murky real estate transaction is not entirely clear, we agree with the motion court that it is sufficient to withstand the motion brought by third-party defendants-appellants Klar, Piergrossi & Gallina and Ronald M. Klar (collectively Klar) for summary judgment dismissing the causes of action for fraud and breach of fiduciary duty pending further discovery.

There is at least some evidence supporting...

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