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IDX CAPITAL, LLC v. PHOENIX PARTNERS GROUP LLC

No. 89.

19 N.Y.3d 850 (2012)

2012 NY Slip Op 4205

IDX CAPITAL, LLC, et al., Appellants, et al., Plaintiffs, v. PHOENIX PARTNERS GROUP LLC et al., Respondents, et al., Defendants.

Court of Appeals of New York.

Decided May 31, 2012.

Attorney(s) appearing for the Case

Olshan Grundman Frome Rosenzweig & Wolosky LLP, New York City ( Jeffrey A. Udell of counsel), for IDX Capital, LLC and another, appellants.

Graubard Miller , New York City ( Lawrence D. Bernfeld of counsel), for Brady Halper, appellant.

Nixon Peabody LLP, New York City ( Frank H. Penski of counsel), John F. Bolton and Christopher J. Porzio , for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs.

IDX Capital, LLC and its principals, James Cawley and Brady Halper, commenced this action against, among others, Phoenix Partners Group LLC, Phoenix Partners Group LP, Nicholas Stephan and Marcos Brodsky, for tortious interference with prospective business relations and aiding and abetting breach of fiduciary duty arising...

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