Estate of Spitz v. Pokoik

Order and judgment (one paper), Supreme Court, New York County (Joan M. Kenney, J.), entered August 19, 2010, which denied plaintiffs’ and additional counterclaim defendant’s cross motions to dismiss the counterclaims and granted so much of defendants/counterclaim plaintiffs’ motion for summary judgment as sought the dismissal of the affirmative defenses and a declaration that plaintiff Lee Pokoik, also known as Leon Pokoik, breached his fiduciary duty to them, and so declared, and denied so much of the motion as sought a money judgment, unanimously modified, on the law, to grant the cross…