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Varick Homes Hous. and Dev. Fund Co. v. Jones

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 491 (N.Y. App. Div. 1997)

Opinion

May 5, 1997

Appeal from the Supreme Court, Orange County (Benson, J.H.O.).


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

The plaintiff demonstrated entitlement to an accounting as a matter of law based on the fiduciary relationship of the parties and the undisputed evidence that the defendant breached his fiduciary duty by making unauthorized expenditures which may have resulted in the dissipation of assets ( see, Fur Wool Trading Co. v. George I. Fox, Inc., 245 N.Y. 215, 217-218; Ordinary Guy v Juniper Releasing, 199 A.D.2d 251; Palazzo v. Palazzo, 121 A.D.2d 261, 265).

As for the defendant's counterclaim, we conclude that he failed to establish entitlement, as a matter of law, to the unpaid management fees ( see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; Zuckerman v. City of New York, 49 N.Y.2d 557, 562).

Rosenblatt, J.P., Thompson, Pizzuto and Friedmann, JJ., concur.


Summaries of

Varick Homes Hous. and Dev. Fund Co. v. Jones

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 491 (N.Y. App. Div. 1997)
Case details for

Varick Homes Hous. and Dev. Fund Co. v. Jones

Case Details

Full title:VARICK HOMES HOUSING AND DEVELOPMENT FUND COMPANY, INC., Respondent, v…

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

Date published: May 5, 1997

Citations

239 A.D.2d 491 (N.Y. App. Div. 1997)
658 N.Y.S.2d 956