612 N.Y.S.2d 39 | N.Y. App. Div. | 1994
—Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered January 22, 1993, which, inter alia, denied defendants’ renewed motion for summary judgment, and plaintiff’s renewed motion for partial summary judgment on the issue of liability for breach of fiduciary duty, and order of the same court and Justice entered June 11, 1993, which inter alia, granted Moskovitz’ motion for reargument and, upon reargument, denied his motion for summary judgment, unanimously affirmed, without costs.
In this action by a law firm alleging, inter alia, fraud, aiding and abetting fraud, breach of contract, aiding and abetting breach of contract, breach of fiduciary duty, and unjust enrichment in connection with defendants’ withdrawal from the firm and alleged solicitation of major clients after executing and participating in a retirement program, the court properly refused to grant defendants summary judgment on the fraud claims based on allegations of fraudulent misrepresentation of present intent " 'for the purpose of inducing another to act or refrain from action in reliance thereon in a business transaction’ ” (Channel Master Corp. v Aluminium Ltd. Sales, 4 NY2d 403, 407, quoting Restatement of Torts § 525, at 59). The court properly found the existence of a question of fact as to whether, at the time the retirement agreement was executed, defendant Moskovitz intended to use his best efforts to integrate his clients into plaintiff firm. The court also found sufficient evidence to preclude dismissal of
