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53 W. 53RD, INC. v. 53RD ST. ASSOCS.

242 A.D.2d 439 (1997)

662 N.Y.S.2d 252

53 West 53rd, Inc., Appellant, v. 53rd Street Associates et al., Respondents. Arabian Investment Banking Corporation (Investcorp) E.C. et al., Counterclaim Defendants-Appellants

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

September 16, 1997

We agree that defendants have raised triable factual issues as to the existence and breach of a fiduciary duty, such that we view the circumstances broadly and with utmost concern for fairness (see, Schwartz v Lois Assocs., 149 A.D.2d 307, 310). Under these circumstances, summary judgment based solely on the contract language urged by plaintiff is inappropriate (see, Sandler...

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