Opinion
May 5, 1997
Appeal from the Supreme Court, Orange County (Benson, J.H.O.).
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff demonstrated entitlement to an accounting as a matter of law based on the fiduciary relationship of the parties and the undisputed evidence that the defendant breached his fiduciary duty by making unauthorized expenditures which may have resulted in the dissipation of assets ( see, Fur Wool Trading Co. v. George I. Fox, Inc., 245 N.Y. 215, 217-218; Ordinary Guy v Juniper Releasing, 199 A.D.2d 251; Palazzo v. Palazzo, 121 A.D.2d 261, 265).
As for the defendant's counterclaim, we conclude that he failed to establish entitlement, as a matter of law, to the unpaid management fees ( see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; Zuckerman v. City of New York, 49 N.Y.2d 557, 562).
Rosenblatt, J.P., Thompson, Pizzuto and Friedmann, JJ., concur.