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WALLKILL MEDICAL DEVELOPMENT, LLC, RESPONDENT- ap, v. CATSKILL ORANGE ORTHOPAEDICS, P.C. APPELLANTS-res, CHARLES PERALO, ETC., res — (INDEX NO. 2300/13) In an action, inter alia, to recover damages for breach of a lease, breach of fiduciary duty, and fraudulent misrepresentation, the defendants Catskill Orange Orthopaedics, P.C., Bonehead, Inc. South, Bradley Wiener, Ronald Israelski, Charles Episalla, and Eric Martin appeal, as limited by their brief, from so much of an order of the Supreme Court, Orange County (Marx, J.) dated July 25, 2013, as granted those branches of the plaintiff’s motion which were for a preliminary injunction and an order of attachment and denied those branches of their cross motion which were pursuant to CPLR 3211(a) to dismiss the causes of action alleging breach of fiduciary duty, aiding and abetting breach of fiduciary duty, fraudulent misrepresentation, negligent misrepresentation, and fraudulent concealment insofar as asserted against them, and the plaintiff cross-appeals from so much of the same order as granted the cross motion of the defendant Charles Peralo pursuant to CPLR 3211(a) to dismiss the amended complaint insofar as asserted against him.

ORDERED that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the plaintiff’s motion which was for an order of attachment, and (2) by deleting the provision thereof granting the cross motion of the defendant Charles Peralo pursuant CPLR 3211(a) to dismiss the amended complaint insofar as asserted against him, and substituting therefor a provision denying that cross motion; as so modified, the order is affirmed insofar as appealed from, with one bill of costs to the plaintiff, and the matter is remitted to the Supreme Court, Orange County, for a hearing on that branch of the plaintiff’s motion which was for an order of attachment and a new determination of that branch of the motion thereafter.

 
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