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MADDOX v. ALL ONE ENTERPRISES

30 A.D.3d 478 (2006)

820 N.Y.S.2d 277

TYRONE MADDOX, Respondent, v. ALL ONE ENTERPRISES et al., Defendants, and MELVIN METZGER, Appellant.

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

June 13, 2006.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

This action, inter alia, to recover damages for breach of an escrow agreement and breach of fiduciary duty arises out of the sale of a residence by the defendant Five Borough, Inc., to the plaintiff, Tyrone Maddox...

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