Home Mortgage Corp. v. Saxon Equities Corp.

In an action, inter alia, to recover damages for breach of fiduciary duties, the defendants appeal from an order of the Supreme Court, Nassau County (Burke, J.), dated July 1, 1996, which (1) granted the plaintiff’s motion to disqualify the defendants’ counsel, and (2) denied the defendants’ cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court did not err in denying the defendants’ second motion for summary judgment, which was made after the matter was set for trial. More than two years earlier, the court had considered…