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HARMON ASSOCS. v. PRIMERICA CORP.

184 A.D.2d 374 (1992)

Harmon Associates et al., Respondents, v. Primerica Corporation et al., Appellants

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

June 18, 1992

As is clear from the evidence, material questions of fact exist regarding plaintiffs' breach of contract cause of action and breach of fiduciary duty cause of action. Accordingly, summary judgment dismissing those causes of action was properly denied (see, e.g., Millerton Agway Coop. v Briarcliff Farms, 17 N.Y.2d 57). In addition, we find that the IAS court did not abuse its discretion under the circumstances in denying defendants...

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