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SPITZ v. KLEIN

33 A.D.3d 988 (2006)

823 N.Y.S.2d 487

BOAZ SPITZ, Respondent-Appellant, v. CARL M. KLEIN et al., Appellants-Respondents, et al., Defendants.

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

Decided October 31, 2006.

Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the motion which were to dismiss the cause of action to recover damages for breach of contract insofar as asserted against the defendants Carl M. Klein and Newport Sales, Inc., and to recover damages for fraud insofar as asserted against the defendants Carl M. Klein, Newport Sales, Inc., and AML Realty LLC, and denying that branch of the separate motion which was to...

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