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BIALOBRODA v. BUCHWALD

51 A.D.3d 467 (2008)

856 N.Y.S.2d 484

ANNA BIALOBRODA, Respondent, v. HOWARD BUCHWALD et al., Appellants.

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

Decided May 6, 2008.

Viewing the complaint in a light most favorable to plaintiff, we conclude that the first, second, and third causes of action allege harm suffered by plaintiff individually due to defendants' failure to comply with their duties under the parties' stipulations entered into in settlement of prior litigation, which duties are distinct from the duties owed by defendants to the corporation (see Abrams v Donati, 66 N.Y.2d 951 [1985];

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