Legal Opinion
Willberry Corp. v. Schwartz
Appellate Division of the Supreme Court of the State of New York
Decided May 23, 2006PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for fraud and breach of fiduciary duty, the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Sproat, J.), dated January 31, 2005, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiffs commenced this action to recover damages for fraud and breach of fiduciary duty based on the alleged failure of the defendant Irving Schwartz, who was the accountant of the plaintiff corporation, to disclose a purported conflict of interest, i.e., that he was also a…
2Cases cited5 opinions
- Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
- Laub v. FaesselAppellate Division of the Supreme Court of the State of New York · 2002
- Gibbs v. Breed, Abbott & MorganAppellate Division of the Supreme Court of the State of New York · 2000
- Milbank, Tweed, Hadley & McCloy v. Chan Cher BoonCourt of Appeals for the Second Circuit · 1994
- 802 F Realty Corp. v. American International Specialty Lines InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by2 opinions
- Apollo H.V.A.C. Corp. v. Halpern Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- DeRaffele v. 210-220-230 Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2006