CINQUE v. SCHIEFERSTEIN


292 A.D.2d 197 (2002)

738 N.Y.S.2d 214

ROBERT W. CINQUE, Appellant, v. ERNEST G. SCHIEFERSTEIN, Respondent.

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

Decided March 7, 2002.


Plaintiff, in response to defendant's prima facie showing of entitlement to judgment as a matter of law, failed to offer proof in evidentiary form that defendant architect owed him a fiduciary duty separate from and extraneous to the parties' contractually defined relationship (see, Syllman v Calleo Dev. Corp., 290 A.D.2d 209), or even that there was a fiduciary relationship (see, Farash...

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