Opinion
February 17, 1987
Appeal from the Supreme Court, Nassau County (Ain, J.).
Ordered that the order is affirmed, without costs or disbursements.
Although the documentary evidence submitted by the plaintiff established that the defendant provided him with erroneous information regarding the value of his Mariah Oil Gas Corp. stock on three quarterly statements, there are material issues of fact presented as to whether the plaintiff justifiably relied upon this information, and whether the defendant acted in good faith in providing this information. Therefore, summary judgment was properly denied to both parties (see, CPLR 3212 [b]; Friends of Animals v. Associated Fur Mfrs., 46 N.Y.2d 1065). Mangano, J.P., Bracken, Niehoff and Eiber, JJ., concur.