MATTER OF SOAMES v. 2LS CONSULTING ENG'G, D.P.C.

154272/17. Appeal Nos. 12006-12006A-12006B-12006C. Case No. 2019-404.

187 A.D.3d 490 (2020)

133 N.Y.S.3d 559

2020 NY Slip Op 05607

In the Matter of Paul Soames, Appellant, v. 2LS Consulting Engineering, D.P.C., et al., Respondents.

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

Decided October 8, 2020.


Plaintiff shows no reason to revisit the partial dismissal of the breach of fiduciary duty claim. The court left intact the allegations of defendants' removal and use of corporate funds from Signature Bank without plaintiff's knowledge or consent, and the only aspects dismissed were those that were duplicative of the breach of contract claims (see William Kaufman Org. v Graham & James, 269 A.D.2d 171, 173 [1st Dept 2000]).

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