ROSS v. MOYER, JR.


286 A.D.2d 610 (2001)

730 N.Y.S.2d 318

ARNOLD S. ROSS, Individually and as an Officer and Director and Derivatively as a Shareholder of HIRSCHFELD, STERN, MOYER & ROSS, INC., Respondent, v. HENRY S. MOYER, JR., Appellant, et al., Counterclaim Defendants.

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

Decided September 18, 2001.


In this action for damages arising from defendant's alleged misconduct in diverting company assets, defendant's principal theory of defense is that plaintiff's own diversion of corporate monies, and his exclusion of defendant from directorial and strategic management decisions, abrogated defendant's fiduciary duties to plaintiff and to the corporations. He concedes that he did, in fact, solicit certain clients and that he placed the commissions earned from these clients in...

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