Order, Supreme Court, New York County (Charles E. Ramos, J.), entered September 18, 2013, which denied defendant Ronald Vargo's motion to dismiss the third and fourth causes of action against him pursuant to CPLR 3211 (a) (5), unanimously reversed, on the law, without costs, and the motion granted.
Plaintiffs' third and fourth causes of action, alleging fraud and malicious and willful conduct by their architect, defendant Vargo, in connection with his alleged withholding...
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