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HEDGE FUND CAPITAL PARTNERS, LLC v. THOR ASSET MANAGEMENT, INC.

5226, 651268/10.

84 A.D.3d 703 (2011)

923 N.Y.S.2d 838

HEDGE FUND CAPITAL PARTNERS, LLC, et al., Respondents, v. THOR ASSET MANAGEMENT, INC., Defendant, and SYSTEMATIC ALPHA MANAGEMENT LLC, Appellant.

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

Decided May 31, 2011.

The motion to dismiss was properly denied, as plaintiffs have adequately stated a cause of action to hold defendants liable for certain commissions under a theory of piercing the corporate veil (see Gateway I Group, Inc. v Park Ave. Physicians, P.C., 62 A.D.3d 141, 145-147 [2009]).

The fraud claim, however, should have been dismissed as duplicative of the breach of contract claim...

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