ZACKIVA COMMUNICATIONS CORP. v. HOROWITZ

No. 92 Civ. 6149 (KC).

826 F.Supp. 86 (1993)

ZACKIVA COMMUNICATIONS CORP., Plaintiff, v. Corey M. HOROWITZ and Kenneth Horowitz, Defendants.

United States District States, S.D. New York.

June 28, 1993.


Attorney(s) appearing for the Case

Philip Frank, Fishbach Hertan & Reis, New York City, for plaintiff.

Thomas A. Holman, Marshall Beil, Lefrak Newman & Myerson, New York City; Nelson E. Roth, Barney Grossman Roth & Dubolo, Ithaca, NY, for defendants.


OPINION AND ORDER

CONBOY, District Judge:

Plaintiff Zackiva Communications Corporation ("Zackiva") brought this action against defendants Corey M. Horowitz ("Corey") and Kenneth Horowitz ("Kenneth") alleging three separate claims: breach of fiduciary duty, fraudulent concealment, and constructive fraud. Upon this motion, the defendants have moved for summary judgment, or, in the alternative, for a dismissal of...

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