Residence on Madison Condominium v. W.T. Gallagher & Associates, Inc.
Opinion of the Court
—Order, Supreme Court, New York County (Ira Gammerman, J.), entered November 17, 1999, which denied defendants-appellants’ motion to dismiss the second, third and fourth causes of action against them pursuant to CPLR 3211, unanimously affirmed, with costs.
Taking the allegations of the complaint as true and resolving all inferences reasonably flowing from those allegations in the pleader’s favor, as we must on a motion to dismiss for failure to state a cause of action pursuant to CPLR 3211 (see, Cron v Hargro Fabrics, 91 NY2d 362, 366), we conclude, as did the
We have considered appellants’ remaining arguments, including those pertaining to the denial of that branch of their motion seeking to dismiss plaintiffs fraud causes and its fourth cause of action for breach of fiduciary duty as time-barred, and find them unavailing. Concur — Sullivan, P. J., Nardelli, Tom, Mazzarelli and Wallach, JJ.
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