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SUMMIT ROVINS & FELDESMAN v. FONAR CORP.

213 A.D.2d 201 (1995)

623 N.Y.S.2d 245

Summit Rovins & Feldesman, Appellant-Respondent, v. Fonar Corporation et al., Respondents-Appellants

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

March 9, 1995

Summary judgment should not have been granted in favor of plaintiff since an issue of fact exists whether it committed malpractice (see, Drab v Baum, 114 A.D.2d 992) in failing, inter alia, to disclose the likelihood that defendants' offering would not succeed (see, Code of Professional Responsibility EC 7-8), thereby breaching its fiduciary duty to bring to the client's

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