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RICHMOND GLOBAL COMPASS FUND CAPITAL MGT. GP, LLC v. NASCIMENTO

Index No. 654190/21, Appeal No. 1688, Case No. 2023-02905.

2024 NY Slip Op 00879

RICHMOND GLOBAL COMPASS FUND CAPITAL MANAGEMENT GP, LLC, ET AL., Plaintiffs-Appellants, v. DECIO NASCIMENTO ET AL., Defendants-Respondents.

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

Decided February 20, 2024.

Attorney(s) appearing for the Case

Israel David LLC, New York ( Hayley Lowe of counsel), Ropes & Gray LLP, New York ( Deanna E. Minasi of counsel), and Day Pitney LLP, New York ( John Vukelj of counsel), for appellants.

Cozen O'Connor, New York ( Christopher Paolino of counsel), for Decio Nascimento and Frank Jones II, respondents.

Before: Kern, J.P., Singh, Scarpulla, O'Neill Levy, Michael, JJ.

Order, Supreme Court, New York County (Andrew Borrok, J.), entered May 2, 2023, which, to the extent appealed from, granted defendants' motion to dismiss the first and second causes of action for breach of the contractual noncompetition and nonsolicitation clauses as asserted against defendant Decio Nascimento, and the causes of action for unjust enrichment, unfair competition, and misappropriation of trade secrets as asserted against defendants Nascimento and Frank Jones...

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