SAHAGEN v. KELLEY DRYE & WARREN


292 A.D.2d 298 (2002)

740 N.Y.S.2d 303

PETER D. SAHAGEN, Appellant, v. KELLEY DRYE & WARREN et al., Respondents.

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

Decided March 28, 2002.


In granting defendants' motion to dismiss causes of action for aiding and abetting breach of fiduciary duty and conspiracy to breach fiduciary duties, the IAS court relied upon the language of paragraph 12 of the voting trust agreement between plaintiff and one Michael Henry which provides that Henry, as the trustee "whether or not acting upon the advice of counsel, shall not incur or be under any responsibility or liability as...

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