88-18 TROPICAL RESTAURANTE CORP. v. UTICA FIRST INS. CO.

2021-06837, Index No. 713064/20.

2024 NY Slip Op 00289

88-18 TROPICAL RESTAURANTE CORP., Respondent, v. UTICA FIRST INSURANCE COMPANY, Appellant.

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

Decided January 24, 2024.


Attorney(s) appearing for the Case

Farber Brocks & Zane LLP, Garden City, NY ( Andrew J. Mihalick of counsel), for appellant.

E. Dubois Raynor, Jr. , Woodhaven, NY, for respondent.

Before: Hector D. Lasalle, P.J., Betsy Barros, Helen Voutsinas, Lourdes M. Ventura, JJ.


DECISION & ORDER

In an action, inter alia, for declaratory relief and to recover damages for breach of fiduciary duty, the defendant appeals from an order of the Supreme Court, Queens County (Leonard Livote, J.), entered August 20, 2021. The order, insofar as appealed from, denied those branches of the defendant's motion which were pursuant to CPLR 3211(a) to dismiss the causes of action for a declaratory judgment and alleging breach of fiduciary duty.

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