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Judge Marrero http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=44466 DEFENDANT MOVED for summary judgment in an action for breach of fiduciary duty arising out of defendant’s management of an inter vivos trust. Plaintiff alleged that defendant mismanaged trust assets, wrongfully retained assets it should have sold, and failed to diversify trust assets. Defendant moved for summary judgment. Defendant contended that, even if defendant breached its fiduciary duties, plaintiff suffered no damages. Defendant argued that the trust did not lose any capital, that as a remainderman, plaintiff could sue only for lost capital, and that even if he could also sue for lost income to the trust, there was no lost income. The parties disputed whether defendant’s management of the trust resulted in lost income. The court said it need not resolve the dispute as it had determined that plaintiff could establish some amount of damages for which defendant would be liable if a trier of fact found a breach of fiduciary duty. The court denied defendant’s motion.

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