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CALI v. SAVINO

14693, 304456/13

127 A.D.3d 404 (2015)

4 N.Y.S.3d 499

2015 NY Slip Op 02843

ALBERT CALI, JR., Appellant, v. JOSEPH J. SAVINO et al., Respondents.

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

Decided April 2, 2015.

Order, Supreme Court, Bronx-County (Wilma Guzman, J.), entered March 7, 2014, which granted defendants' motion to dismiss the complaint, unanimously reversed, on the law, without costs, and the motion denied.

The fiduciary duty claims here sound in fraud, and thus the two year discovery rule of CPLR 213 (8) applies to this action (see Kaufman v Cohen, 307 A.D.2d 113, 122 [1st Dept...

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