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KAPS-ALL PACKAGING SYSTEMS, INC. v. COHEN

60 A.D.3d 738 (2009)

875 N.Y.S.2d 159

KAPS-ALL PACKAGING SYSTEMS, INC., Respondent, v. JOSHUA R. COHEN, Appellant, et al., Defendants.

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

Decided March 10, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

In this action, inter alia, to recover damages for breach of the duty of loyalty, the plaintiff filed a note of issue on August 14, 2007. By order dated December 6, 2007, the Supreme Court denied the appellant's cross motion for summary judgment dismissing the complaint insofar as asserted against him "without prejudice to the making of a new motion...

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