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RHONA SILVER, ETC. res, v. BARRY NEWMAN DEFENDANTS-APPELLANTS def; KIDS PLANET, LLC NONPARTYap — (INDEX NO. 22581/10)In an action, inter alia, to recover damages for breach of contract, fraud, and breach of fiduciary duty, the defendants Barry Newman, United Kirkwood, LLC, Northeast United Corporation, Fifth Avenue 781 Associates, LLC, and Newco Management Group, LLC, and nonparties Kid’s Planet, LLC, and United Stone Industries, LLC, appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Pines, J.), dated October 2, 2012, as denied their motion for summary judgment dismissing the complaint insofar as asserted against those defendants and purportedly asserted against the nonparties.

ORDERED that the order is modified, on the law, by deleting the provision thereof granting that branch of the appellants’ motion which was for summary judgment dismissing the complaint insofar as purportedly asserted against the nonparty-appellants, and substituting therefor a provision denying that branch of the motion as unnecessary; as so modified, the order is affirmed insofar as appealed from, with costs.

 
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