TAUBER v. BANKERS TRUST CO.


230 A.D.2d 312 (1997)

657 N.Y.S.2d 686

Laszlo N. Tauber, Respondent-Appellant, v. Bankers Trust Company, Appellant-Respondent

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

May 29, 1997


Attorney(s) appearing for the Case

Joel M. Leifer, New York City, for respondent-appellant.

David M. Satnick of counsel, New York City (David B. Eizenman and Roni Schneider on the brief; Loeb & Loeb, L. L. P., attorneys), for appellant-respondent.

ELLERIN, RUBIN and MAZZARELLI, JJ., concur.


SULLIVAN, J. P.

On this appeal from the denial of summary judgment in favor of defendant Bankers Trust Company and cross appeal from the dismissal of the second and third causes of action of the amended complaint alleging breach of fiduciary duty and negligence, respectively, the issue is whether material issues of fact exist as to plaintiff's claim that the bank improperly refused to close out certain foreign...

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