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MILLER v. MILLER

761 CA 20-00203.

189 A.D.3d 2089 (2020)

137 N.Y.S.3d 853

2020 NY Slip Op 07760

Sheila (Bailey) Miller, Individually and as Administratrix of the Estate of Thomas J. Miller, Deceased, Respondent-Appellant, v. Patricia A. Miller, as Executor of the Estate of Mark Mendy, Deceased, Defendant, and Moog Inc., Appellant-Respondent.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

HODGSON RUSS LLP, BUFFALO ( PATRICK J. HINES OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.

HURWITZ & FINE, P.C., BUFFALO ( PATRICK BARTON CURRAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

Present—Whalen, P.J., Centra, Peradotto, Lindley and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion insofar as it sought summary judgment dismissing the ninth cause of action, for breach of fiduciary duty, and as modified the order is affirmed without costs.

Memorandum: In this action, plaintiff seeks damages on behalf of herself and her late husband's estate for an alleged course of harassing conduct that was perpetrated against her and her late husband...

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