53 West 53rd, Inc. v. 53rd Street Associates

Appellate Division of the Supreme Court of New York

53 West 53rd, Inc. v. 53rd Street Associates

242 A.D.2d 439, 662 N.Y.S.2d 252, 1997 N.Y. App. Div. LEXIS 8773

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 16, 1997

StatusPublished

This text of 242 A.D.2d 439 (53 West 53rd, Inc. v. 53rd Street Associates) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

53 West 53rd, Inc. v. 53rd Street Associates, 242 A.D.2d 439, 662 N.Y.S.2d 252, 1997 N.Y. App. Div. LEXIS 8773 (N.Y. Ct. App. 1997).

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Opinion

Order, Supreme Court, New York County (Harold Tompkins, J.), entered March 26, 1997, which [440]*440denied plaintiff’s motion for summary judgment on the complaint to quiet title, dismissing the counterclaims and canceling the subject notice of pendency, unanimously affirmed, with costs.

We agree that defendants have raised triable factual issues as to the existence and breach of a fiduciary duty, such that we view the circumstances broadly and with utmost concern for fairness (see, Schwartz v Lois Assocs., 149 AD2d 307, 310). Under these circumstances, summary judgment based solely on the contract language urged by plaintiff is inappropriate (see, Sandler v Fishman, 157 AD2d 708, 709). Concur—Murphy, P. J., Sullivan, Ellerin and Williams, JJ.

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Order, Supreme Court, New York County (Harold Tompkins, J.), entered March 26, 1997, which [440]*440denied plaintiff’s motion for summary judgment on the complaint to quiet title, dismissing the counterclaims and canceling the subject notice of pendency, unanimously affirmed, with costs.

We agree that defendants have raised triable factual issues as to the existence and breach of a fiduciary duty, such that we view the circumstances broadly and with utmost concern for fairness (see, Schwartz v Lois Assocs., 149 AD2d 307, 310). Under these circumstances, summary judgment based solely on the contract language urged by plaintiff is inappropriate (see, Sandler v Fishman, 157 AD2d 708, 709). Concur—Murphy, P. J., Sullivan, Ellerin and Williams, JJ.

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Bluebook (online)

242 A.D.2d 439, 662 N.Y.S.2d 252, 1997 N.Y. App. Div. LEXIS 8773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/53-west-53rd-inc-v-53rd-street-associates-nyappdiv-1997.

Opinion

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