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FICUS INVS. v. PRIVATE CAPITAL MANAGEMENT, LLC

61 A.D.3d 1 (2009)

872 N.Y.S.2d 93

FICUS INVESTMENTS, INC., et al., Appellants-Respondents, v. PRIVATE CAPITAL MANAGEMENT, LLC, et al., Defendants, and THOMAS B. DONOVAN et al., Respondents-Appellants. FICUS INVESTMENTS, INC., et al., Respondents, v. PRIVATE CAPITAL MANAGEMENT, LLC, et al., Appellants, et al., Defendants. FICUS INVESTMENTS, INC., et al., Respondents, v. PRIVATE CAPITAL MANAGEMENT, LLC, et al., Defendants, and THOMAS B. DONOVAN, Appellant.

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

Decided January 20, 2009.

Attorney(s) appearing for the Case

Alston & Bird, LLP, New York City (John F. Cambria, Craig Carpenito, Jill C. Barnhart and Betty Weinberg Ellerin of counsel), for Ficus Investments, Inc. and another, appellants-respondents/respondents/respondents.

Schlam Stone & Dolan LLP, New York City (David J. Katz, Richard H. Dolan, Michael C. Marcus, Jeffrey M. Eilender, John M. Lundin and Andrew S. Harris of counsel), for Thomas B. Donovan, respondent-appellant/appellant/appellant.

Nitkewicz & McMahon, LLP, Commack (Edward J. Nitkewicz of counsel), for Christopher Chalavoutis and another, respondents-appellants; Private Capital Management, LLC, and others, appellants.

Port & Sava, Floral Park (Gary Port of counsel), for Michael Bode and another, appellants.

Daniel S. Torchio, New York City, for John Kiley, appellant.

GONZALEZ, MOSKOWITZ, ACOSTA and RENWICK, JJ., concur.

OPINION OF THE COURT

LIPPMAN, P.J.

This action arises out of allegations that Thomas Donovan and other named defendants misappropriated millions of dollars in funds and assets from plaintiff Private Capital Group, LLC. There have been extensive pretrial proceedings, and the parties are appealing four orders granting various forms of relief. The primary issue we address is whether certain individual defendants are entitled to advancement of their expenses...

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