Fundamental Portfolio Advisors, Inc. v. Tocqueville Asset Management, L.P.

*205Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered February 13, 2004, which granted defendants’ motion for summary judgment dismissing the complaint, and denied plaintiffs’ cross motion for partial summary judgment on the issue of liability, affirmed, without costs.

This breach of contract action arises from the decision of the board of directors of a family of mutual funds (collectively the Fundamental Funds or the Funds) to replace plaintiffs as their investment advisor and distributor. Plaintiff Lance Brofman is the founder and former president and chief portfolio…