New York Studios, Inc. v. Steiner Digital Studios

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered on or about April 15, 2016, which, to the extent ap pealed from as limited by the briefs, denied defendants’ motion to dismiss the causes of action for usurpation of corporate opportunities and an accounting, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

The parties’ operating agreement, which allows defendants to compete with plaintiff Eponymous Associates, LLC, does not flatly contradict plaintiffs’ claim that defendants usurped…