It is hereby ordered that said cross appeal be and the same hereby is unanimously dismissed and the order is modified on the law by denying the motion in part and reinstating the breach of fiduciary duty cause of action insofar as it is based on events occurring after October 7, 2002 and as modified the order is affirmed without costs.
Memorandum:
Plaintiff commenced this action alleging that, during the course of and subsequent to his representation of plaintiff...
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