Gochberg v. Sovereign Apartments, Inc.

Order, Supreme Court, New York County (Anil C. Singh, J.), entered April 10, 2013, which granted defendants Alan Kersh and Paul Bloom’s (defendants) motion to dismiss the fifth cause of action pursuant to CPLR 3211 (a) (7), unanimously reversed, on the law, without costs, and the motion denied.

Since the fifth cause of action (breach of fiduciary duty) is a tort — not a contract — claim, plaintiffs are not required to allege that defendants’ actions were taken in their individual capacity instead of as directors of defendant Sovereign Apartments, Inc. (SAI) (see Fletcher v Dakota, Inc., 99…