RESURGENCE ASSET MGT., LLC v. GIDUMAL

Index No. 651737/12. Appeal No. 15131. Case No. 2021-00916.

201 A.D.3d 576 (2022)

157 N.Y.S.3d 711

2022 NY Slip Op 00385

Resurgence Asset Management, LLC, Respondent, et al., Plaintiffs, v. Steve Gidumal, Appellant.

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

Decided January 25, 2022.


Attorney(s) appearing for the Case

O'Brien LLP, New York ( Sean O'Brien of counsel), for appellant.

Pollack Solomon Duffy LLP, New York ( Barry S. Pollack of counsel), for respondent.

Concur— Gische, J.P., Webber, Mendez, Rodriguez, Pitt, JJ.


The parties entered into an agreement dated September 28, 2008, terminating defendant's employment with RAM. The agreement provided that defendant would receive a share of profits for two years, from August 2008 through July 2010, and that full year unaudited financial statements for 2009 and 2010 would be "conclusive" in determining the profits and amount of monies, if any, payable to defendant. Defendant's counterclaim alleges that, in order to deprive him of any profit...

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