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JOSEPH SCHOTTLAND ap, v. BROWN HARRIS STEVENS BROOKLYN, LLC RESPONDENTS def

JOSEPH SCHOTTLAND ap, v. BROWN HARRIS STEVENS BROOKLYN, LLC RESPONDENTS def — (INDEX NO. 1957/11)In an action, inter alia, to recover damages for fraud and negligent misrepresentation, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Lewis, J.), dated November 4, 2011, as granted the motion of the defendants Brown Harris Stevens Brooklyn, LLC, and Phyllis Norton-Towers to dismiss the complaint insofar as asserted against them pursuant to CPLR 3211(a) and the separate motion of the defendants Jenny Netzer and Carol R. Netzer for the same relief as to them.

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JOSEPH SCHOTTLAND ap, v. BROWN HARRIS STEVENS BROOKLYN, LLC RESPONDENTS def — (INDEX NO. 1957/11)In an action, inter alia, to recover damages for fraud and negligent misrepresentation, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Lewis, J.), dated November 4, 2011, as granted the motion of the defendants Brown Harris Stevens Brooklyn, LLC, and Phyllis Norton-Towers to dismiss the complaint insofar as asserted against them pursuant to CPLR 3211(a) and the separate motion of the defendants Jenny Netzer and Carol R. Netzer for the same relief as to them.

ORDERED that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendants Jenny Netzer and Carol R. Netzer which was pursuant to CPLR 3211(a) to dismiss the fifth cause of action, which alleged breach of the covenant against grantor’s acts, insofar as asserted against them, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with one bill of costs payable by the plaintiffs to the defendants Brown Harris Stevens Brooklyn, LLC, and Phyllis Norton-Towers.

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