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APPELL v. LAG CORP.

41 A.D.3d 277 (2007)

838 N.Y.S.2d 541

MICHAEL APPELL, Individually and on Behalf of L.A.G. ASSOCIATES, L.P., Appellant, v. LAG CORP. et al., Respondents.

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

Decided June 21, 2007.

The court erred in dismissing plaintiff's causes of action for breach of fiduciary duty and aiding and abetting such breach. Accepting the truth of plaintiff's allegations, as CPLR 3211 requires on a motion to dismiss (Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]), they advance a potentially viable claim for breach of fiduciary duty (see Birnbaum v Birnbaum, 73 N.Y.2d 461 [1989]; Salm...

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