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FRAGIN v. FIRST FUNDS HOLDINGS, LLC

3883N. 652673/14.

150 A.D.3d 410 (2017)

2017 NY Slip Op 03463

51 N.Y.S.3d 394

GARY FRAGIN, Respondent, v. FIRST FUNDS HOLDINGS, LLC, Formerly Known as FIRST FUNDS LLC, et al., Appellants.

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

Decided May 2, 2017.

The motion court providently exercised its discretion (see e.g. Those Certain Underwriters at Lloyds, London v Occidental Gems, Inc., 11 N.Y.3d 843, 845 [2008]) by finding that plaintiff demonstrated "a factual basis for a showing of probable cause to believe that a fraud ... has been committed" (Matter of New York City Asbestos Litig., 109 A.D.3d 7, 10 [1st Dept 2013] [internal quotation...

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