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BENFELD v. FLEMING PROPERTIES, LLC

2010-08130.

89 A.D.3d 654 (2011)

932 N.Y.S.2d 140

2011 NY Slip Op 7789

IGOR BENFELD et al., Plaintiffs, v. FLEMING PROPERTIES, LLC, Respondent, and IGOR FLEYSHMAKHER, Also Known as ISAAC MARKS, Appellant, et al., Defendant. (And a Third-Party Action.)

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

Decided November 1, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant Igor Fleyshmakher, also known as Isaac Marks, established his prima facie entitlement to judgment as a matter of law dismissing the second cross claim of the defendant Fleming Properties, LLC (hereinafter Fleming), for an accounting by demonstrating that he had no fiduciary relationship with Fleming (see generally Weinstein v Natalie Weinstein Design Assoc., Inc.,

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