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BESSER v. MILLER

12 A.D.3d 1118 (2004)

785 N.Y.S.2d 625

GEFFREY BESSER, as Beneficiary of a Trust Created Under the Will of ROBERT E. BESSER, Respondent, v. JAMES T. MILLER et al., Respondents, and ADVEST, INC., et al., Appellants.

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

November 19, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

We reject the contention of Advest, Inc. and Edward Carlsen, Sr. (respondents) that Supreme Court erred in failing to grant that part of their motion seeking dismissal of the claim pursuant to General Business Law § 349 and thus should have granted their motion seeking dismissal of the petition against them in its entirety. Contrary...

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