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BOROVINA v. ACAP FUND GP, LLC

2021-07688. Index No. 609110/21.

220 A.D.3d 729 (2023)

197 N.Y.S.3d 548

2023 NY Slip Op 05115

Anton J. Borovina, Appellant, v. ACAP Fund GP, LLC, et al., Respondents, et al., Defendant.

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

Decided October 11, 2023.

Attorney(s) appearing for the Case

Anton J. Borovina, Melville, NY, appellant pro se.

Tein Malone, PLLC, New York, NY ( T. Omar Malone of counsel), for respondent ACAP Fund GP, LLC, and Locke Lord LLP, New York, NY ( Casey B. Howard and Jeffrey S. Kramer of counsel), for respondent The Loan Source, Inc. (one brief filed).

Connolly, J.P., Genovesi, Voutsinas and Wan, JJ., concur.

In an action to recover damages for negligent misrepresentation and fraud, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Joseph A. Santorelli, J.), dated October 19, 2021. The order, insofar as appealed from, granted the motion of the defendants ACAP Fund GP, LLC, and The Loan Source, Inc., pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from,...

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