Varick Homes Housing & Development Fund Co. v. Jones

In an action for an accounting, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Orange County (Benson, J.H.O.), dated May 10, 1996, as (1) denied those branches of his motion which were for summary judgment dismissing the complaint and to recover damages in the sum of $60,375 on his counterclaim, and (2) granted the plaintiffs cross motion for an accounting.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff demonstrated entitlement to an accounting as a *492matter of law based on the fiduciary…