Brown Harris Stevens Residential Sales, LLC v. Oxford Capital Corp.

—Order, Supreme Court, New York County (Edward Lehner, J.), entered February 13, 2003, which denied plaintiff’s cross motion for partial summary judgment and granted defendants’ motion for further discovery on the issue of whether plaintiff breached its fiduciary duty to defendants, unanimously affirmed, with costs.

The documents belatedly provided to defendants raised material issues of fact as to whether plaintiff paid kickbacks to an employee of defendants’ parent company to influence the very transactions for which plaintiff now seeks payment of commissions, and in connection with which…