Barbara King Family Trust v. Voluto Ventures LLC

Order, Supreme Court, New York County (Herman Cahn, J.), entered August 22, 2006, which granted the motion by defendants Kurzman Eisenberg Corbin Lever & Goodman and Andrew W. Goodman for summary judgment to the extent of dismissing the eighth cause of action (breach of fiduciary duty) but denied dismissal of the ninth cause of action (legal malpractice), unanimously modified, on the law, the motion granted dismissing the ninth cause of action, and otherwise affirmed, without costs.

Plaintiff Barbara King retained defendant Kotowski as her financial consultant, and, upon his recommendation,…