ART CAPITAL GROUP, LLC v. ROSE

3651, 601389/05.

149 A.D.3d 447 (2017)

2017 NY Slip Op 02735

52 N.Y.S.3d 85

ART CAPITAL GROUP, LLC, et al., Appellants, v. ANDREW C. ROSE et al., Respondents. (And Another Action.)

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

Decided April 6, 2017.


Although their brief began and ended by saying that plaintiffs sought summary judgment on the second amended complaint, the brief, affidavit, affirmations, and statement of uncontested facts focused on the faithless servant doctrine, breach of fiduciary duty, and aiding and abetting breach of fiduciary duty. In searching the record upon defendants' request, the motion court properly reached the first through tenth and eighteenth through twenty-first causes of action...

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