MORELLI LAW FIRM, PLLC v. PEREZ

Index Nos. 150661/22, 595063/22, Appeal No. 1604, Case No. 2023-02743.

2024 NY Slip Op 00680

MORELLI LAW FIRM, PLLC, Plaintiff-Appellant, v. MARK PEREZ, Defendant-Respondent. MARK PEREZ, Third-Party Plaintiff-Respondent, v. BENEDICT MORELLI, Third-Party Defendant-Appellant.

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

Decided February 8, 2024.


Attorney(s) appearing for the Case

Emery Celli Brinckerhoff Abady Ward & Maazel LLP, New York ( Debra L. Greenberger of counsel), for appellant.

Frankfurt Kurnit Klein & Selz, P.C., New York ( Nicole I. Hyland of counsel), for respondent.

Before: Manzanet-Daniels, J.P., Kern, O'Neill Levy, Michael, JJ.


Order, Supreme Court, New York County (Louis L. Nock, J.), entered January 26, 2023, which, insofar as appealed from, denied the motion of plaintiff and third-party defendant to dismiss defendant's counterclaims and third-party claims for breach of contract and breach of fiduciary duty, unanimously modified, on the law, to grant the motion to dismiss the breach of fiduciary duty claim with leave to replead, and otherwise affirmed, without costs.

Contrary to plaintiff...

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