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KEVIN MCDONNELL, ap, v. RYAN BRADLEY, RESPONDENT def

KEVIN MCDONNELL, ap, v. RYAN BRADLEY, RESPONDENT def — (INDEX NO. 55029/11)In an action to recover damages for fraud and breach of fiduciary duty, the plaintiff appeals from an order of the Supreme Court, Westchester County (Tolbert, J.), dated March 23, 2012, which granted the motion of the defendant Ryan Bradley pursuant to CPLR 3211(a)(5) and (7), and CPLR 3016(b) to dismiss the complaint.

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KEVIN MCDONNELL, ap, v. RYAN BRADLEY, RESPONDENT def — (INDEX NO. 55029/11)In an action to recover damages for fraud and breach of fiduciary duty, the plaintiff appeals from an order of the Supreme Court, Westchester County (Tolbert, J.), dated March 23, 2012, which granted the motion of the defendant Ryan Bradley pursuant to CPLR 3211(a)(5) and (7), and CPLR 3016(b) to dismiss the complaint.

ORDERED that the order is reversed, on the law and the facts, with costs, and the motion of the defendant Ryan Bradley pursuant to CPLR 3211(a)(5) and (7), and CPLR 3016(b) to dismiss the complaint is denied.

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