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YELLOT v. PORITZKY

170 A.D.2d 676 (1991)

Charles D. Yellot, Appellant, v. Hewman Poritzky et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 25, 1991

Ordered that the judgment is affirmed, with costs.

The record supports the Supreme Court's holding that the evidence adduced at trial was insufficient to make out a prima facie case of fraud, self-dealing and conspiracy against the defendant-broker and his partner, the codefendant Michael Palmietto. Viewing the evidence in a light most favorable to the plaintiff (see, Cruz v New York City Tr. Auth.,

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