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RICHBELL INFO. v. JUPITER

309 A.D.2d 288 (2003)

765 N.Y.S.2d 575

RICHBELL INFORMATION SERVICES, INC., et al., Appellants, v. JUPITER PARTNERS, L.P., et al., Respondents.

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

September 23, 2003.

Attorney(s) appearing for the Case

Thomas I. Sheridan, III of counsel (Charles E. Dorkey, III, Steven R. Schoenfeld, David Sack and Donald J. Kravet on the brief; Torys LLP and Kravet & Vogel, LLP, attorneys), for appellants.

Julie A. North, Michael B. Miller and Howard W. Goldstein of counsel (Elliot G. Sagor, Robert M. Osgood, Andrew T. Gardner and Kirsa Phillips on the brief; Cravath, Swaine & Moore, Sullivan & Cromwell LLP, Fried, Frank, Harris, Shriver & Jacobson and Hogan & Hartson L.L.P., attorneys), for respondents.

TOM, J.P., ROSENBERGER, LERNER and MARLOW, JJ., concur.

OPINION OF THE COURT

SAXE, J.

In this action, plaintiffs allege that defendants engaged in a highly sophisticated scheme to misappropriate plaintiffs' interest in an alleged joint venture worth over $600 million. The complaint seeks recovery under theories of breach of contract, breach of fiduciary duty and various business torts. Defendants moved for dismissal pursuant to CPLR 3211 on various grounds, including documentary evidence and failure to state...

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