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FUDENBERG v. STATE OF NEW YORK

35 A.D.3d 281 (2006)

825 N.Y.S.2d 911

MELANIE FUDENBERG, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided December 19, 2006.

Defendant made a prima facie showing of entitlement to summary judgment, and plaintiff failed to meet her burden of demonstrating the existence of material issues of fact (Zuckerman v City of New York, 49 N.Y.2d 557, 562 [1980]), that defendant had breached its fiduciary duty or breached a 1997 settlement agreement made in open court in Komlosi v Fudenberg (88 Civ 1792 [SD NY]), or committed fraud in connection with said agreement...

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