Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, the action against the remaining defendants is severed, and the notice of pendency is vacated.
The appellant established his prima facie entitlement to judgment as a matter of law by presenting proof, inter alia, that there was no confidential and/or fiduciary relationship between him and the plaintiff. A confidential...
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