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LIPTON v. UNUMPROVIDENT CORPORATION

10 A.D.3d 703 (2004)

783 N.Y.S.2d 601

DANIEL B. LIPTON, Appellant, v. UNUMPROVIDENT CORPORATION et al., Defendants, and SPEAR, LEEDS & KELLOGG, L.P., et al., Respondents.

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

September 27, 2004.

In an action, inter alia, to recover damages for breach of fiduciary duty, the plaintiff appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered March 12, 2003, which granted the motion of the defendants Spear, Leeds & Kellogg, L.P., and Goldman Sachs Group, Inc., pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against them.

Ordered that the order is modified,...

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