New York Court of Appeals

Fundamental Portfolio Advisors, Inc., Appellants v. Tocqueville Asset Management, L.P., Respondents

June 6, 20067 N.Y.3d 96

Summary

The New York Court of Appeals denied Tocqueville's motion for summary judgment and affirmed the denial of FPA's motion, holding that genuine issues of fact exist regarding waiver, estoppel, and damages under the non‑compete agreement, precluding judgment as a matter of law.