Opinion
Argued February 29, 2000.
April 10, 2000.
In an action, inter alia, to recover damages for breach of a fiduciary duty, the defendant Robert T. Tamarin appeals, as limited by his brief, from so much of an order of the Supreme Court, Richmond County (Cusick, J.), entered April 27, 1999, as denied his motion for summary judgment dismissing the complaint insofar as asserted against him.
Conway, Farrell, Curtin Kelly, P.C., New York, N.Y. (Debora A. Pitman of counsel), for appellant.
Salzman Salzman, Brooklyn, N.Y., for respondent.
LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, FRED T. SANTUCCI, SONDRA MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The appellant failed to establish a prima facie case of entitlement to judgment as a matter of law (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324 ; Zuckerman v. City of New York, 49 N.Y.2d 557 ). Thus, his motion was properly denied.