65 North 8 Street HDFC v. Suarez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of fiduciary duty, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Harkavy, J.), dated May 12, 2004, as denied its motion to hold the defendants in contempt for failing to comply with a prior order of the court dated December 10, 2003, entered upon their default, compelling certain disclosure, and granted those branches of the defendants’ cross motion which were to vacate the order dated December 10, 2003, and, in effect, to award summary judgment to the defendants on their proposed counterclaim by…
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