Opinion
2232
November 18, 2003.
Judgment, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered October 31, 2002, which, after a nonjury trial, awarded plaintiffs damages upon their claim for breach of fiduciary duty, unanimously affirmed, with costs.
Stuart L. Sanders, for plaintiffs-respondents.
Jack L. Lester, for defendant-appellant.
Before: Nardelli, J.P., Tom, Mazzarelli, Marlow, JJ.
The trial testimony overwhelmingly established that plaintiffs and defendant entered into a joint venture to acquire an apartment for their mutual benefit, and that each party contributed to the apartment's purchase (see Richbell Info. Servs. v. Jupiter Partners, L.P., 309 A.D.2d 288, 2003 N.Y. App. Div LEXIS 9702, *20). Accordingly, the trial court properly found that when defendant sold the apartment without plaintiffs' consent, and retained the proceeds of the sale for himself, he breached his fiduciary duty to plaintiffs.
Although plaintiff Gene Kazlow is a member of the law firm representing plaintiffs, that circumstance alone did not require the grant of defendant's motion for the firm's disqualification (see Talvy v. Am. Red Cross in Greater New York, 205 A.D.2d 143, 152, affd 87 N.Y.2d 826;Matter of Owen Mandolfo, Inc. v. Davidoff of Geneva, Inc., 197 A.D.2d 370, lv denied 83 N.Y.2d 751; Sokolow, Dunaud, Mercadier Carreras LLP v. Lacher, 299 A.D.2d 64, 76).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.