JOHN v. ELEFANTE

2019-09179. Index No. 606943/16.

210 A.D.3d 666 (2022)

177 N.Y.S.3d 649

2022 NY Slip Op 06120

Thomas John et al., Appellants, v. Ralph Elefante et al., Respondents.

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

Decided November 2, 2022.


Attorney(s) appearing for the Case

Hogan & Cassell, LLP, Jericho, NY ( Michael Cassell of counsel), for appellants.

Gabor & Marotta, LLC, Staten Island, NY ( Richard M. Gabor and Ilyssa Gabor Florio of counsel), for respondents.

Brathwaite Nelson, J.P., Chambers, Wooten and Ford, JJ., concur.


In an action, inter alia, to recover damages for breach of fiduciary duty, the plaintiffs appeal from an order of the Supreme Court, Nassau County (R. Bruce Cozzens, Jr., J.), entered July 10, 2019. The order, insofar as appealed from, granted that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted by the plaintiff Thomas John.

Ordered that the appeal by the plaintiffs American Gardens Management, LLC, and...

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