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JOHN v. ELEFANTE

2020-05701. Index No. 606943/16.

210 A.D.3d 669 (2022)

178 N.Y.S.3d 115

2022 NY Slip Op 06121

Thomas John et al., Plaintiffs, and American Gardens Management, LLC, Appellant, 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 and Alycia Blaeser of counsel), for appellant.

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 plaintiff American Gardens Management, LLC, appeals from an interlocutory judgment of the Supreme Court, Nassau County (Diccia T. Pineda-Kirwan, J.), entered May 7, 2020. The interlocutory judgment, after a nonjury trial, is in favor of the defendants and against the plaintiff American Gardens Management, LLC, dismissing the complaint insofar as asserted...

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