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CASITA, L.P. v. GLASER

Index No. 600782/07. Appeal No. 13204. Case No. 2019-04344.

191 A.D.3d 590 (2021)

139 N.Y.S.3d 525

2021 NY Slip Op 01190

Casita, L.P., Derivatively on Behalf of MapleWood Equity Partners (Offshore) Ltd., Respondent, v. Robert V. Glaser et al., Appellants. MapleWood Equity Partners (Offshore) Ltd., Nominal Defendant.

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

Decided February 25, 2021.

Attorney(s) appearing for the Case

Akerman LLP, New York ( Scott M. Kessler of counsel) and Akerman LLP, Miami, FL ( Brian P. Miller , of the bar of the State of Florida and District of Columbia, admitted pro hac vice, of counsel), for appellants.

Ropes & Gray LLP, New York ( Jerome C. Katz of counsel), for respondent.

Concur— Acosta, P.J., Renwick, Singh, Mendez, JJ.

It was not "utterly irrational" for the jury to conclude that defendants breached their fiduciary duty to plaintiff when they refused to sell a company owned by plaintiff's private equity fund (see generally Killon v Parrotta, 28 N.Y.3d 101, 108 [2016] [internal quotation marks omitted]; Nemeth v Brenntag N. Am., 183 A.D.3d 211, 216 [1st Dept 2020]). There is no basis to disturb the jury's assessment of the facts and the credibility...

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