LOUIS CAPITAL v. REFCO GROUP


9 Misc.3d 283 (2005)

801 N.Y.S.2d 490

LOUIS CAPITAL MARKETS, L.P., as Successor to LOUIS CAPITAL MARKETS, L.L.P., Plaintiff, v. REFCO GROUP LTD., LLC, et al., Defendants.

Supreme Court, New York County.

June 6, 2005.


Attorney(s) appearing for the Case

Herrick Feinstein LLP, New York City (Grant Cornehis and Theresa M. Doherty of counsel), for defendants.

Bolin & Boone, New York City (W. Dan Boone and Ngozi Evelyn Bolin of counsel), for plaintiff.


OPINION OF THE COURT

CHARLES EDWARD RAMOS, J.

In this action by plaintiff Louis Capital Markets, L.P. (LCM) against defendants REFCO Group Ltd., LLC, Alan Fellous, Michael Benisty, Henri Condron, Benjamin Chouchane, Lionel Mellul, and Marcos Pagani, defendants move, pursuant to CPLR 3016 (b) and 3211 (a) (7), to dismiss for failure to state a claim for: (1) tortious interference with employment agreements; (2) aiding and abetting the breach of fiduciary...

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