We agree with the IAS Court that, without giving the evidence adduced in Plotch v Plotch (Sup Ct, Bronx County, Burstein, J., index No. 8479/89; see, App Div, 1st Dept, Sept. 21, 1993, M-4174) preclusive effect, no issue of fact exists concerning defendant Jeffrey Sheibar's status as an employee of the parties' joint venture in operating three motels, and that his first loyalty should have been to the joint venture when he learned of an opportunity to acquire...
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