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BILL KOLB, JR., SUBARU, INC., ap, v. LJ RABINOWITZ, CPA res

BILL KOLB, JR., SUBARU, INC., ap, v. LJ RABINOWITZ, CPA res — (INDEX NO. 31078/12)In an action to recover damages for professional malpractice, negligence, fraud, constructive fraud, and breach of fiduciary duty, the plaintiff appeals from an order of the Supreme Court, Rockland County (Alfieri, Jr., J.), dated February 28, 2013, which granted the defendants' motion pursuant to CPLR 3211(a) to dismiss the complaint.

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BILL KOLB, JR., SUBARU, INC., ap, v. LJ RABINOWITZ, CPA res — (INDEX NO. 31078/12)In an action to recover damages for professional malpractice, negligence, fraud, constructive fraud, and breach of fiduciary duty, the plaintiff appeals from an order of the Supreme Court, Rockland County (Alfieri, Jr., J.), dated February 28, 2013, which granted the defendants’ motion pursuant to CPLR 3211(a) to dismiss the complaint.

ORDERED that the order is modified, on the law, by deleting the provision thereof granting those branches of the defendants’ motion which were to dismiss the causes of action to recover damages for professional malpractice and negligence and substituting therefor a provision denying those branches of the motion; as so modified, the order is affirmed, with costs to the plaintiff.

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