Opinion
Argued September 14, 2000.
October 16, 2000.
In an action, inter alia, to recover damages for breach of fiduciary duty, the defendants Royal Wine Corporation and KFP International, Ltd., appeal from an order of the Supreme Court, Kings County (S. Leone, J.), dated July 29, 1999, which, among other things, denied their motion pursuant to CPLR 3211(a)(5) and (7) to dismiss the complaint insofar as asserted against them.
Snitow Cunningham, LLP, New York, N.Y. (Franklyn H. Snitow of counsel), for appellants.
Haydon Straci Cooper, New York, N.Y. (Thomas Rubertone, Jr., of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Accepting all of the facts alleged by the plaintiff to be true, and according the allegations the benefit of every possible favorable inference (see, Leon v. Martinez, 84 N.Y.2d 83), we agree with the Supreme Court that the plaintiff has alleged legally-cognizable claims against the appellants for, inter alia, breach of fiduciary duty (see Zanoni v. 855 Holding Co., 96 A.D.2d 860, affd 63 N.Y.2d 771; Reynolds Inc. v. Snow, 10 A.D.2d 101, affd 8 N.Y.2d 899) and an accounting. The claims are not time-barred since the plaintiff commenced this action within two years of her discovery of the alleged breach (see, CPLR 213; 203[g]). Therefore, the appellants' motion to dismiss the complaint (see, CPLR 3211[a][5], [7]) was properly denied.