Kern v. Robert Currie Assocs.

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered on or about February 16, 1995, which dismissed plaintiffs’ cause of action for an accounting upon the parties’ respective motions for summary judgment thereon, unanimously modified, on the law, to the extent of denying defendants’ cross motion for partial summary judgment and reinstating the cause of action for an accounting, and otherwise affirmed, without costs.

In addition to imposing contractual duties, a contractual relationship may give rise to fiduciary duties regardless of whether the contract itself includes…