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ROBERTS v. 112 DUANE ASSOCIATES LLC

32 A.D.3d 366 (2006)

821 N.Y.S.2d 33

GUY ROBERTS, Plaintiff, v. 112 DUANE ASSOCIATES LLC et al., Defendants, and MERCHANTS BANK OF NEW YORK, Respondent. 112 DUANE ASSOCIATES LLC et al., Third-Party Plaintiffs-Appellants-Respondents, et al., Third-Party Plaintiffs, v. ABRA CONSTRUCTION CORP. et al., Third-Party Defendants-Respondents-Appellants.

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

August 31, 2006.

In this action emanating from the alleged breach of a condominium construction contract, the motion court properly dismissed the third-party claim for aiding and abetting fiduciary breach because plaintiff was not a partner or other fiduciary (Kaufman v Cohen, 307 A.D.2d 113, 125 [2003]), as counsel for third-party plaintiffs conceded in open court (see Matter of Union Indem. Ins. Co. of N.Y., 89 N.Y.2d 94...

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