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BEACH v. TOURADJI CAPITAL MGT., LP

2255, 603611/08.

144 A.D.3d 557 (2016)

2016 NY Slip Op 07852

42 N.Y.S.3d 96

GENTRY T. BEACH et al., Respondents-Appellants/Counterclaim Defendants-Respondents-Appellants, v. TOURADJI CAPITAL MANAGEMENT, LP, et al., Appellants-Respondents/Counterclaim Plaintiffs-Appellants-Respondents. TOURADJI CAPITAL MANAGEMENT, LP, et al., Counterclaim Plaintiffs-Appellants-Respondents, v. VOLLERO BEACH CAPITAL PARTNERS LLC, et al., Counterclaim Defendants-Respondents-Appellants, et al., Counterclaim Defendant.

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

Decided November 22, 2016.

The motion court did not have the benefit of our decision on the most recent prior appeal (the prior decision), in which we concluded that the breach of fiduciary duty counterclaim based on destruction of documents stated a cause of action as against Mr. Vollero but not as against Gentry (142 A.D.3d 442, 444 [2016]). Thus, the counterclaim should be reinstated as against Mr. Vollero. Our reasoning...

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