The motion court correctly found that the third-party interpleaded defendants had established that there was no question of fact that plaintiff, who had been retained by them to act as their fiduciary, transferred part of the interpleaded funds from accounts in their names into accounts in his own name, and, while still purporting to act as their fiduciary, later attempted to transfer the remainder of those funds in which he had no ownership interest. Plaintiff's contention...
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