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SAGER SPUCK STATEWIDE SUPPLY COMPANY, INC. v. MEYER

282 A.D.2d 971 (2001)

723 N.Y.S.2d 732

SAGER SPUCK STATEWIDE SUPPLY COMPANY, INC., Respondent, v. ERNEST L. MEYER, Defendant, and DAVID W. BENDER, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided April 26, 2001.

Spain, J.

In 1996, plaintiff commenced this action for, inter alia, breach of fiduciary duty against defendants, two of its shareholders and former employees who left plaintiff's employ to work for a competitor, Midway Industrial Supply. Defendant David W. Bender terminated his employment with Midway in 1998. On May 17, 1999, Supreme Court granted partial summary judgment to plaintiff on the issue of liability and...

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