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JAS FAMILY TRUST v. OCEANA HOLDING CORP.

2011-11430, 2012-06589, Index No. 15675/09.

109 A.D.3d 639 (2013)

970 N.Y.S.2d 813

2013 NY Slip Op 5734

JAS FAMILY TRUST et al., Appellants-Respondents, v. OCEANA HOLDING CORP. et al., Respondents-Appellants.

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

Decided August 28, 2013.

In an action, inter alia, to recover damages for breach of fiduciary duty and for an accounting, the plaintiffs appeal (1) from an order of the Supreme Court, Kings County (Pfau, J.), dated September 22, 2011, which granted the defendants' motion to dismiss the amended complaint pursuant to CPLR 3211 (a), and (2) from so much of an order of the same court dated May 10, 2012, as, upon reargument, adhered to the original determination in the order dated September 22, 2011,...

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