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MANN v. MALASKY

41 A.D.3d 1136 (2007)

839 N.Y.S.2d 567

PHILLIP MANN, Appellant, v. MARION MALASKY, Respondent.

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

Decided June 28, 2007.

Mugglin, J.

When this case was last here, we affirmed the preanswer dismissal of plaintiff's complaint for failure to state either a cause of action for fraud or conversion against any moving party, all of whom were the attorneys for the trustees (Mann v Rusk, 14 A.D.3d 909 [2005]). However, we modified to reinstate the causes of action against defendant finding that, as a nonmovant...

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