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TERRANO v. FINE

17 A.D.3d 449 (2005)

793 N.Y.S.2d 451

KENNETH TERRANO et al., Appellants, v. PHYLLIS A. FINE et al., Defendants, and CENTURY 21 REAL ESTATE CORPORATION, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 11, 2005.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the respondent's motion to dismiss the complaint insofar as asserted against it. The plaintiffs alleged that the respondent could be held vicariously liable for the conduct of the defendant Century 21 American Homes and the defendants Phyllis Fine and Thomas Gallagher (employees of Century 21 American Homes) on an agency theory. However, the respondent presented documentary evidence...

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