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BEACH v. TOURADJI CAPITAL MANAGEMENT, LP

Index No. 603611/08, Appeal No. 1637-1638-1639, Case Nos. 2023-00568, 2023-02364, 2023-02365.

2024 NY Slip Op 00735

GENTRY T. BEACH ET AL., Plaintiffs-Appellants-Respondents, v. TOURADJI CAPITAL MANAGEMENT, LP ET AL., Defendants-Respondents-Appellants, VOLLERO BEACH CAPITAL PARTNERS ET AL., Defendants.

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

Decided February 13, 2024.

Attorney(s) appearing for the Case

Dorf Nelson & Zauderer LLP, New York ( Mark C. Zauderer of counsel), for appellants-respondents.

Latham & Watkins LLP, New York ( Samir Deger-Sen of counsel), for respondents-appellants.

Before: Webber, J.P., Kennedy, Scarpulla, Rosado, JJ.

Orders, Supreme Court, New York County (Andrea Masley, J.), entered January 27, 2023, January 30, 2023, and May 9, 2023, which, insofar as appealed from as limited by the briefs, denied plaintiff's motion to dismiss defendant-counterclaim plaintiff Touradji Capital Management LP's faithless servant affirmative defense to the extent the defense is predicated on the claim that plaintiffs are not entitled to compensation or bonuses because of the alleged faithless conduct of...

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