The IAS court properly determined that material issues of fact exist to preclude a grant of partial summary judgment on the first cause of action. Here, plaintiffs and the additional defendant Joseph sought to satisfy their burden of proof by relying on a series of limited partnership agreements with defendant Owen J. Cheevers, who had been hired away from another employer to manage plaintiff Rosecliff's portfolios on high-yield securities. Cheevers was also offered the opportunity...
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