Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the order is reversed insofar as cross-appealed from, on the law, and those branches of the plaintiff's motion which were for summary judgment on the third and thirteenth causes of action sounding in breach of fiduciary duty insofar as asserted against the defendant Milton Shapiro are granted; and it is further,
Ordered that the judgment is affirmed; and it is further,
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