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NEWMAN v. NEWMAN

Index No. 655945/20. Appeal No. 15207. Case No. 2021-03238.

202 A.D.3d 442 (2022)

2022 NY Slip Op 00731

Charles Newman, Individually and Derivatively on Behalf of Port Parties, Ltd., Respondent, v. Harvey Newman, et al., Appellants, et al., Defendant.

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

Decided February 3, 2022.

Attorney(s) appearing for the Case

The Janey Law Firm LLP, New York ( Derrelle M. Janey of counsel), for appellants.

Robinson Brog Leinwand Greene Genovese & Gluck, P.C., New York ( John D. D'Ercole of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Gesmer, Kennedy, Pitt, JJ.

The motion court correctly determined that plaintiff's individual claims for breach of fiduciary duty, unjust enrichment, and constructive trust were not duplicative of the derivative claims asserted on behalf of nominal defendant Port Parties Ltd. and therefore, that plaintiff's individual claims could proceed based on the allegations that he, individually, was exposed to personal criminal and civil liability as a result of defendants' conduct (see Yudell v Gilbert,<...

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