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FANTA v. MURIEL SIEBERT & CO., INC.

114837/06.

2008 NY Slip Op 51722 (U)

FAY FANTA, HINDALENE ROSNER, as Executrix of THE ESTATE OF EGON FANTA, AND FANTA, INC., Plaintiffs, v. MURIEL SIEBERT & CO., INC., JP MORGAN CHASE BANK, N.A., SYMONIZE GRIFFITH, ANDREW GRIFFITH, ANN MARIE GRIFFITH, NANCY JOSEPH and JOSEPH LESTER, Defendants.

Supreme Court of the State of New York, New York County.

Decided July 11, 2008.

EILEEN BRANSTEN, J.

Defendant Muriel Siebert & Co., Inc. ("Siebert Co.") moves, pursuant to CPLR 3211(a)(7), to dismiss the complaint on the ground that it fails to state a cause of action against it. Plaintiffs oppose the motion.

Background

Plaintiffs are Fay Fanta ("Fay"), a 98-year old widow, Hindalene Rosner as Executrix of the Estate ("Estate") of Egon Fanta ("Egon"), who died in 2006 at the age of 95, and Fanta, Inc. ("Fanta"), the corporation...

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