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BARKANY MGT v. SOUTHWEST SEC

500540/13.

41 Misc.3d 673 (2013)

972 N.Y.S.2d 458

2013 NY Slip Op 23300

BARKANY ASSET RECOVERY & MANAGEMENT, Plaintiff, v. SOUTHWEST SECURITIES INC. et al., Defendants.

Supreme Court, Kings County.

Decided September 9, 2013.

Attorney(s) appearing for the Case

Brunelle & Hadjikow, P.C. ( George Brunelle of counsel), for defendants.

Heller, Horowitz & Feit, P.C. ( Evan R. Shusterman of counsel), for plaintiff.

OPINION OF THE COURT

CAROLYN E. DEMAREST, J.

Defendants Southwest Securities Inc. and Leighton Stallones (collectively referred to as Southwest defendants) move for an order, pursuant to CPLR 3211 (a) (7), dismissing the complaint as against them.

The Southwest defendants' motion is granted to the extent that the breach of fiduciary duty cause of action (fifth cause of action) is dismissed. The motion is otherwise denied.

In the complaint...

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