MIGLIACCI v. BERKE & BERKE


21 A.D.3d 459 (2005)

799 N.Y.S.2d 745

TOBY MIGLIACCI, Respondent, v. BERKE & BERKE et al., Appellants.

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

August 15, 2005.


Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the cross motion which were to dismiss the second, third, fourth, and fifth causes of action, and substituting therefor provisions granting those branches of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The gravamen of the plaintiff's claim is that the defendants compelled her to execute a settlement...

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