Opinion
June 18, 1992
Appeal from the Supreme Court, New York County (Carmen Beauchamp Ciparick, J.).
As is clear from the evidence, material questions of fact exist regarding plaintiffs' breach of contract cause of action and breach of fiduciary duty cause of action. Accordingly, summary judgment dismissing those causes of action was properly denied (see, e.g., Millerton Agway Coop. v. Briarcliff Farms, 17 N.Y.2d 57). In addition, we find that the IAS court did not abuse its discretion under the circumstances in denying defendants' motion to amend their answer to assert counterclaims on the ground of laches (see, Smith v. Sarkisian, 63 A.D.2d 780, 781, affd 47 N.Y.2d 878).
Concur — Sullivan, J.P., Carro, Wallach, Kassal and Rubin, JJ.