KELLY v. MANISCALCO


21 A.D.3d 996 (2005)

800 N.Y.S.2d 847

PATRICIA KELLY et al., Respondents, v. MICHELE MANISCALCO et al., Defendants, and FRANCES M. FORGIONE et al., Appellants.

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

September 19, 2005.


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellants' contention, the Supreme Court properly denied that branch of their motion which was to dismiss so much of an amended complaint as alleged breach of fiduciary duty as against them. The court properly found, inter alia, that such allegations related back to the original complaint and, therefore, were timely interposed (see CPLR 203 [f]).

The plaintiffs...

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