Opinion
April 8, 1996
Appeal from the Supreme Court, Nassau County (Kohn, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The court properly determined that triable issues of fact exist with respect to the plaintiff's cause of action seeking damages for the defendant's alleged constructive fraud ( see, Brown v Lockwood, 76 A.D.2d 721, 731). Mangano, P.J., Thompson, Florio and McGinity, JJ., concur.