McCAGG v. SCHULTE ROTH & ZABEL LLP

1713, 1714, 601566/04.

74 A.D.3d 620 (2010)

904 N.Y.S.2d 31

BRIN McCAGG, Respondent, v. SCHULTE ROTH & ZABEL LLP et al., Appellants, et al., Defendant. BRIN McGAGG et al., Appellants, v. SCHULTE ROTH & ZABEL LLP, et al., Respondents.

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

Decided June 22, 2010.


In 2000 and 2001, defendant Clingman and others formed a company called Marquis Jet Partners, Inc. Marquis is one of a handful of fractional jet ownership companies that maintain fleets of aircraft and sell the rights to travel on those planes for fixed periods of time to frequent users of jet travel. In August 2002, Marquis terminated Clingman. Clingman retained 12% of Marquis common stock, and refused an offer to sell back his shares and sign a noncompete agreement.

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