Opinion
May 30, 1997
Present — Pine, J.P., Lawton, Doerr, Boehm and Fallon, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of defendant Leon Martin for summary judgment dismissing the complaints against him. Although Martin met his initial burden on the motion, plaintiffs raised questions of fact regarding Martin's active participation in or potential knowledge of the alleged diversion of trust funds (see, Schwadron v. Freund, 69 Misc.2d 342; cf., Fleck v. Perla, 40 A.D.2d 1069; see generally, Canron Corp. v. City of New York, 89 N.Y.2d 147). (Appeal from Order of Supreme Court, Jefferson County, Gilbert, J. — Summary Judgment.)