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MOORE CHARITABLE FOUND. v. PJT PARTNERS, INC.

10461. 654584/17.

178 A.D.3d 433 (2019)

115 N.Y.S.3d 11

2019 NY Slip Op 08627

The Moore Charitable Foundation et al., Appellants-Respondents, v. PJT Partners, Inc., et al., Respondents-Appellants, et al., Defendant.

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

Decided December 3, 2019.

Attorney(s) appearing for the Case

Susman Godfrey L.L.P., New York ( Stephen Shackelford Jr. of counsel), for appellants-respondents.

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York ( Aidan Synnott of counsel), for respondents-appellants.

Concur—Kern, J.P., Oing, Singh, Moulton, JJ.

Defendants' employee orchestrated a fraudulent scheme through a fictitious transaction solely for personal gain. Thus, defendants are not liable for that fraud under the doctrine of respondeat superior (see Bowman v State of New York, 10 A.D.3d 315, 316 [1st Dept 2004]). It is of no moment that some of the fraudulently obtained funds were used to repay formerly embezzled funds so as to...

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