WIDER v. OMNI TITLE AGENCY, INC.


18 A.D.3d 868 (2005)

795 N.Y.S.2d 470

AARON WIDER et al., Respondents, v. OMNI TITLE AGENCY, INC., Appellant.

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

May 31, 2005.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The Supreme Court incorrectly characterized the complaint as alleging breach of contract. The plaintiffs set forth a claim predicated upon theories of negligence and breach of fiduciary duty. The Supreme Court erred in denying that branch of the defendant's motion which was to dismiss the complaint based upon the statute of limitations, as the defendant...

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