GARGANO v. MOREY

2016-07228. Index No. 608026/15.

165 A.D.3d 889 (2018)

86 N.Y.S.3d 595

2018 NY Slip Op 06882

Salvatore Gargano et al., Appellants, v. Michael Morey et al., Defendants, and Monroe Tractor & Implement Co., Inc., Respondent.

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

Decided October 17, 2018.


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

The plaintiffs allege that they invested the sum of $3,006,000 in a crushed stone mining operation, and that the defendants defrauded them of their investment. The defendant Monroe Tractor & Implement Co., Inc. (hereinafter Monroe), provided mining equipment for the operation.

Monroe made a pre-answer motion pursuant to CPLR 3211 (a) to dismiss certain causes of action asserted against...

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