BAX v. INTERENERGY HOLDINGS

Index No. 650499/18 Appeal No. 17394 Case No. 2022-00107.

213 A.D.3d 598 (2023)

182 N.Y.S.3d 633

2023 NY Slip Op 01045

Michael Bax, Respondent, v. InterEnergy Holdings, Appellant.

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

Decided February 23, 2023.


Attorney(s) appearing for the Case

Morgan, Lewis & Bockius LLP, New York ( August W. Heckman, III of counsel), for appellant.

Glancy Prongay & Murray LLP, New York ( Gregory B. Linkh of counsel), and Fasano Law Firm, PLLC, Miami, Florida ( Michael C. Fasano of the bar of the State of Florida, admitted pro hac vice, of counsel), for respondent.

Concur—Renwick, J.P., González, Shulman, Rodriguez, Higgitt, JJ.


Order, Supreme Court, New York County (Joel M. Cohen, J.), entered December 9, 2021, which denied defendant's motion for summary judgment dismissing the complaint and on its first counterclaim for breach of fiduciary duty/duty of loyalty, unanimously modified, on the law, to grant defendant's motion for summary judgment dismissing the complaint, and otherwise affirmed, without costs. The Clerk is directed to enter judgment accordingly.

Following plaintiff's departure...

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