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Barker v. Tamarin [2d Dept 2000

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2000
(N.Y. App. Div. Apr. 26, 2000)

Opinion

Argued February 29, 2000.

April 26, 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.

BRACKEN, J.P., RITTER, SANTUCCI, and S. MILLER, JJ., concur.


Summaries of

Barker v. Tamarin [2d Dept 2000

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2000
(N.Y. App. Div. Apr. 26, 2000)
Case details for

Barker v. Tamarin [2d Dept 2000

Case Details

Full title:GEORGE R. BARKER, respondent, v. ROBERT P. TAMARIN, appellant, et al.…

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

Date published: Apr 26, 2000

Citations

(N.Y. App. Div. Apr. 26, 2000)