BRINCKERHOFF v. JAC HOLDING CORP.


2 A.D.3d 250 (2003)

770 N.Y.S.2d 13

PETER R. BRINCKERHOFF et al., Appellants, v. JAC HOLDING CORP. et al., Respondents, et al., Defendant.

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

December 16, 2003.


Initially, we affirm the denial of plaintiffs' application for partial summary judgment on their claims of misappropriation of corporate opportunity. An issue of fact exists as to whether defendant Larry D. Clay used the assets of Hoover Group, Inc., to make a favorable deal for the benefit of Citicorp Venture Capital, Ltd. (CVC) only, and not for Hoover's benefit. Further, insofar as the claim can be interpreted as based upon director and officer inaction in their failure...

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