Operative Cake Corp. v. Nassour
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a consolidated action, inter alia, to recover damages for breach of fiduciary duty and unjust enrichment, the plaintiff appeals from an order of the Supreme Court, Queens County (Hart, J.), dated August 11, 2003, which granted the motion of the defendant Aharon Nutovics to dismiss the complaint insofar as asserted against him, pursuant to CPLR 3211 (a) (7).
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
As alleged in the complaint, the plaintiff is a manufacturer of baked goods which it distributes, via independent contractor truck drivers, to small…
2Cases cited6 opinions
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Maldonado v. Olympia Mechanical Piping & Heating Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Mayer v. SandersAppellate Division of the Supreme Court of the State of New York · 1999
- Kevin Spence & Sons, Inc. v. Boar's Head Provisions Co.Appellate Division of the Supreme Court of the State of New York · 2004
- Shearson Lehman Bros. v. BagleyAppellate Division of the Supreme Court of the State of New York · 1994
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