Sienna Capital Group, Inc. v. Rosen

In an action to recover damages for breach of fiduciary duty, fraud, and breach of contract, the defendant appeals from an order of the Supreme Court, Nassau County (Cozzens, J.), entered October 5, 2006, which denied, with leave to renew after the completion of discovery, his motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is granted.

The defendant, Jonathan M. Rosen (hereinafter Rosen), was an attorney for D & A Consultants Holding Corp. (hereinafter D &…