TRANS INTERNATIONAL CORP. v. CLEAR VIEW TECHNOLOGIES, LTD.


278 A.D.2d 1 (2000)

717 N.Y.S.2d 146

TRANS INTERNATIONAL CORP., Doing Business as MANHATTAN ELECTRIC INDUSTRIES, Appellant, v. CLEAR VIEW TECHNOLOGIES, LTD., Defendant, and EDUARD ZAYTSEV et al., Respondents.

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

Decided December 5, 2000.


The motion court properly dismissed plaintiff's seventh cause of action pursuant to CPLR 3211 (a) (7). The factual allegations of that cause, even when viewed in the light most favorable to the plaintiff, do not state a cause of action for breach of fiduciary duty (see, Conn v Chambers, 123 App Div 298, 302-303, affd 195 N.Y. 538).

The eighth cause of action alleging an oral promise by the individual defendants to be primarily responsible for the debts...

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