Appellate Division of the Supreme Court of the State of New York November 2, 1992 (Lindner Fund, Inc. v. Waldbaum, Inc.)

In an action to recover damages for breach of a fiduciary duty, the defendants appeal from so much of an order of the Supreme Court, Nassau County (Malloy, J.), dated August 16, 1990, as denied their renewed motion to dismiss the complaint, in effect, for failure to state a cause of action, or for summary judgment.