WILLBERRY CORPORATION v. SCHWARTZ


29 A.D.3d 899 (2006)

814 N.Y.S.2d 537

WILLBERRY CORPORATION et al., Appellants, v. IRVING SCHWARTZ et al., Respondents.

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

May 23, 2006.


Ordered that the order is affirmed, with costs.

The plaintiffs commenced this action to recover damages for fraud and breach of fiduciary duty based on the alleged failure of the defendant Irving Schwartz, who was the accountant of the plaintiff corporation, to disclose a purported conflict of interest, i.e., that he was also a co-executor of the estate of a shareholder of the corporation. The plaintiffs contend that they suffered losses and setbacks in their business...

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