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MEYERHOEFFER v. HAVILAND REALTY CORP.

43 A.D.3d 888 (2007)

841 N.Y.S.2d 661

DALE MEYERHOEFFER et al., Appellants, v. HAVILAND REALTY CORP. et al., Respondents.

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

Decided September 11, 2007.

Ordered that the order is affirmed, with costs.

In opposition to the defendants' prima facie demonstration of entitlement to judgment as a matter of law dismissing the complaint, the plaintiffs failed to raise a triable issue of fact as to whether the defendants owed them a fiduciary duty which they breached, engaged in fraud, or made a negligent representation (see J.A.O. Acquisition Corp. v Stavitsky, 8 N.Y.3d 144

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