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PARACO GAS CORP. v. JAY Z. GERLITZ & ASSOC., INC.

2021-07210, Index No. 51723/20.

2024 NY Slip Op 01192

PARACO GAS CORPORATION, Appellant, v. JAY Z. GERLITZ & ASSOCIATES, INC., ET AL., Respondents.

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

Decided March 6, 2024.

Attorney(s) appearing for the Case

The DeIorio Law Group, PLLC, Rye Brook, NY ( Patrick V. DeIorio , Jan A. Marcus , and Andrea Marcus of counsel), for appellant.

Lewis Brisbois Bisgaard & Smith LLP, New York, NY ( Jamie R. Wozman and Mark K. Anesh of counsel), for respondents.

Before: Mark C. Dillon, J.P., Colleen D. Duffy, Linda Christopher, Carl J. Landicino, JJ.

DECISION & ORDER

In an action to recover damages for negligence, breach of fiduciary duty, negligent misrepresentation, and aiding and abetting fraud, the plaintiff appeals from an order of the Supreme Court, Westchester County (Linda S. Jamieson, J.), dated September 10, 2021. The order granted the defendants' motion pursuant to CPLR 3211(a)(7) to dismiss the third amended complaint.

ORDERED that the order is modified, on the law, by deleting the provisions...

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