PACELLI v. PETER L. CEDENO & ASSOC., PC

Index No. 158224/16. Appeal No. 902. Case No. 2023-01445.

220 A.D.3d 596 (2023)

198 N.Y.S.3d 332

2023 NY Slip Op 05448

Atesa Pacelli et al., Respondents, v. Peter L. Cedeno & Associates, PC, et al., Appellants.

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

Decided October 26, 2023.


Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith LLP, New York ( Nicholas Hurzeler of counsel), for appellants.

Atesa Pacelli and Anthony Pacelli, respondents pro se.

Concur—Webber, J.P., Moulton, González, Kennedy, JJ.


Order, Supreme Court, New York County (Frank P. Nervo, J.), entered September 13, 2022, which, to the extent appealed from, denied defendants' motion for summary judgment dismissing plaintiffs' claim for breach of fiduciary duty, unanimously reversed, on the law, without costs, and the motion granted.

Defendants were entitled to summary judgment dismissing the breach of fiduciary duty claim. Plaintiffs do not challenge the court's determination that damages recoverable...

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