FORTINO v. HERSH


307 A.D.2d 899 (2003)

764 N.Y.S.2d 25

FRANK FORTINO, Plaintiff, and CAMILLE FORTINO et al., Appellants, v. MITCHELL HERSH et al., Respondents, et al., Defendant.

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

Decided August 28, 2003.


The motion court erred in finding that the plaintiff relatives failed to set forth admissible evidence sufficient to raise a triable issue of fact as to the claim for breach of fiduciary duty. The court, in considering the affidavit of plaintiff Frank Fortino, found that it defeated summary judgment as to him but rejected as hearsay his statements supporting the claims of the plaintiff relatives. It failed to give due consideration to their verified pleadings which, pursuant...

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