Frank v. Sobel

*230Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered July 14, 2006, which to the extent appealed from, denied defendant’s motion for partial summary judgment on his first counterclaim, and to dismiss the first, second and third causes of action of the complaint, unanimously modified, on the law, the first counterclaim dismissed, and otherwise affirmed, without costs.

This action involves the performance of interior design services by plaintiff with respect to the renovation of two of defendant’s properties. The first counterclaim alleged breach of fiduciary duty by plaintiff.…