Appellate Division of the Supreme Court of the State of New York June 26, 2000 (Wallack Freight Lines, Inc. v. Next Day Express, Inc.)

In an action, inter alia, to recover damages for breach of fiduciary duty, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Costello, J.), entered December 1, 1998, which granted the defendants’ motion for summary judgment dismissing the complaint.