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Akseizer v. Kramer

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1999
265 A.D.2d 356 (N.Y. App. Div. 1999)

Opinion

Submitted June 21, 1999

October 12, 1999

In an action to recover damages for fraudulent concealment and misappropriation, the defendant appeals from so much of an order of the Supreme Court, Nassau County (Franco, J.).


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

It is well settled that summary judgment is a drastic remedy that is to be granted only where there is no clear triable issue of fact ( see, Andre v. Pomeroy, 35 N.Y.2d 361). In deciding the motion, the evidence must be viewed in the light most favorable to the opposing party ( see, Matter of Benincasa v. Garrubbo, 141 A.D.2d 636). Here, the record presents triable issues of fact as to whether the defendant intentionally concealed and failed to disclose material information to the plaintiffs relating to their investment, and as to whether the defendant misappropriated a portion of the plaintiffs' funds. Accordingly, the Supreme Court properly denied the defendant's motion for summary judgment.

JOY, J.P., KRAUSMAN, H. MILLER, and FEUERSTEIN, JJ., concur.


Summaries of

Akseizer v. Kramer

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1999
265 A.D.2d 356 (N.Y. App. Div. 1999)
Case details for

Akseizer v. Kramer

Case Details

Full title:STEPHEN AKSEIZER, et al, respondents, v. HERBERT KRAMER, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 12, 1999

Citations

265 A.D.2d 356 (N.Y. App. Div. 1999)
696 N.Y.S.2d 849

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