MEHRA v. MORRISON COHEN LLP

Index No. 159868/19. Appeal Nos. 15435-15435A. Case Nos. 2020-04340, 2021-04271.

203 A.D.3d 438 (2022)

160 N.Y.S.3d 604

2022 NY Slip Op 01396

Sanjiv Mehra et al., Appellants, v. Morrison Cohen LLP et al., Respondents.

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

Decided March 3, 2022.


Attorney(s) appearing for the Case

Smith Villazor LLP, New York ( Patrick J. Smith and Brian T. Burns of counsel), for appellants.

Lewis Brisbois Bisgaard & Smith LLP, New York ( Peter T. Shapiro of counsel), for respondents.

Concur— Renwick, J.P., Moulton, Rodriguez, Pitt, JJ.


Plaintiffs' allegations—that defendants represented plaintiffs in connection with drafting certain corporate documents for EOS Investor Holding Company LLC, and later, in 2019, took actions to assist nonparty Jonathan Teller in ousting plaintiff Sanjiv Mehra from his position and distribution sharing in EOS Holding—state a claim against defendants for breach of fiduciary duty (see Ulico Cas. Co. v Wilson, Elser, Moskowitz, Edelman & Dicker,

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