Fortino v. Hersh

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered August 19, 2002, which, to the extent appealed from, granted the motion of defendants Mitchell Hersh and The Burns Agency for summary judgment dismissing the cause of action of plaintiffs Camille Fortino, Anthony Fortino and Toni Ann Fortino (the plaintiff relatives) for breach of fiduciary duty, reversed, on the law, without costs, the motion denied and the plaintiff relatives’ breach of fiduciary duty cause of action reinstated.

The motion court erred in finding that the plaintiff relatives failed to set forth admissible…