K&E Trading & Shipping, Inc. v. Radmar Trading Corp.

—Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered April 2, 1990, which, inter alia, granted defendants’ motion for summary judgment and denied plaintiffs cross-motion for sanctions against defendants, unanimously modified, on the law, to deny defendants’ motion for summary judgment, and otherwise affirmed, with costs.

By summons and complaint dated March 15, 1988, plaintiff commenced this action seeking damages for, inter alia, breach of fiduciary duty, fraud, conversion and for violations of the Martin Act (General Business Law § 352 et seq.). On February 11, 1977,…