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GALGANO III v. ORTIZ

287 A.D.2d 688 (2001)

732 N.Y.S.2d 77

LOUIS J. GALGANO III et al., Appellants, v. MICHAEL ORTIZ et al., Respondents.

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

Decided October 29, 2001.

Ordered that the appeal from the order dated August 28, 2000, is dismissed, as that order was superseded by the order dated November 27, 2000, made upon reargument and renewal; and it is further,

Ordered that the order dated November 27, 2000, is affirmed insofar as appealed from; and it is further,

Ordered that the respondents are awarded one bill of costs.

The complaint failed to state a cause of action sounding in constructive or actual fraud under...

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