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HAHN v. STONE HOUSE PROPS. LLC

Index No. 657717/19. Appeal No. 15477. Case No. 2021-01882.

203 A.D.3d 459 (2022)

160 N.Y.S.3d 864

2022 NY Slip Op 01416

Richard Hahn, Appellant, v. Stone House Properties LLC et al., Respondents.

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

Decided March 8, 2022.

Attorney(s) appearing for the Case

Richard E. Hahn, New York, appellant pro se.

L'Abbate, Balkan, Colavita & Contini, L.L.P., Melville ( James D. Spithogiannis of counsel), for respondents.

Concur—Acosta, P.J., Renwick, Webber, Kern, Friedman, JJ.

Although the complaint does not explicitly articulate a cause of action for breach of fiduciary duty, such a cause of action is manifest in its factual allegations, and the documentary evidence fails to utterly refute those allegations (see Guggenheimer v Ginzburg, 43 N.Y.2d 268, 275 [1977]; Goshen v Mutual Life Ins. Co. of N.Y., 98 N.Y.2d 314, 326 [2002]). In connection with his sale of...

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