BRACH v. SCHWARTZ

2020-00994. Index No. 713506/19.

215 A.D.3d 913 (2023)

188 N.Y.S.3d 111

2023 NY Slip Op 02100

Jack Brach et al., Respondents, v. Martin Schwartz et al., Appellants.

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

Decided April 26, 2023.


Attorney(s) appearing for the Case

Jason J. Smith , New York, NY, for appellants.

Morrison Cohen, LLP, New York, NY ( Y. David Scharf , Latisha V. Thompson , and Joaquin Ezcurra of counsel), for respondents.

Brathwaite Nelson, J.P., Rivera, Ford and Taylor, JJ., concur.


In an action to recover damages for breach of fiduciary duty, for injunctive relief, and for an accounting, the defendants appeal from an order of the Supreme Court, Queens County (Robert I. Caloras, J.), dated December 9, 2019. The order, insofar as appealed from, denied those branches of the defendants' motion which were pursuant to CPLR 3211(a)(4) to dismiss the causes of action to recover damages for breach of fiduciary duty and for a permanent injunction, and to dismiss...

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