53 West 53rd, Inc., v. 53rd St. Associates

Full title: 53 WEST 53RD, INC., Appellant, v. 53RD ST. ASSOCIATES et al., Respondents…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 16, 1997

242 A.D.2d 439 (N.Y. App. Div. 1997)

662 N.Y.S.2d 252

Opinion

September 16, 1997

Appeal from Supreme Court, New York County (Harold Tompkins, J.).

We agree that defendants have raised triable factual issues as to the existence and breach of a fiduciary duty, such that we view the circumstances broadly and with utmost concern for fairness ( see, Schwartz v. Lois Assocs., 149 A.D.2d 307, 310). Under these circumstances, summary judgment based solely on the contract language urged by plaintiff is inappropriate ( see, Sandler v. Fishman, 157 A.D.2d 708, 709).

Concur — Murphy, P.J., Sullivan, Ellerin and Williams, JJ.