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HERSHMAN v. BANK OF N.Y. MELLON

2021-02756. Index No. 70774/19.

219 A.D.3d 812 (2023)

2023 NY Slip Op 04369

Richard K. Hershman et al., Appellants v. Bank of New York Mellon, Formerly Known as the Bank of New York and Another, et al., Respondents.

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

Decided August 23, 2023.

Attorney(s) appearing for the Case

Richard K. Hershman, PLLC, New York, NY (Richard K. Hershman pro se of counsel), for appellants.

Ackerman, LLP, New York, NY ( Jordan M. Smith of counsel), for respondents.

Duffy, J.P., Miller, Wooten and Wan, JJ., concur.

In an action, inter alia, to recover damages for breach of contract and fraud, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Terry Jane Ruderman, J.), dated March 10, 2021. The order, insofar as appealed from, granted those branches of the defendants' motion which were pursuant to CPLR 3211(a) to dismiss the causes of action alleging breach of contract and fraud.

Ordered that the order is modified, on the law and in the exercise of...

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