VITALE v. STEINBERG


307 A.D.2d 107 (2003)

764 N.Y.S.2d 236

MARIO P. VITALE, Respondent, v. SAUL P. STEINBERG et al., Appellants, et al., Defendants.

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

May 29, 2003.


Attorney(s) appearing for the Case

Clifford James of counsel (Blair C. Fensterstock on the brief; Fensterstock & Partners LLP, attorneys), for respondent.

Claudia L. Hammerman of counsel (Liza M. Velazquez on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for appellants.

NARDELLI, TOM, MAZZARELLI and ELLERIN, JJ., concur.


OPINION OF THE COURT

BUCKLEY, P.J.

Plaintiff commenced this action against his former employer, Reliance Insurance Company (RIC), its parent, Reliance Group Holdings, Inc. (RGH), and several officers and directors of those companies, for, inter alia, breach of fiduciary duty, fraud by concealment, an accounting, breach of contract, and unjust enrichment, arising out of a written "key management incentive benefit plan." Pursuant to the plan, administered...

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