Select Fabricators, Inc. v. Hoge

Appeal from an order of the Supreme Court, Ontario County (Kenneth R. Fisher, J.), entered February 3, 2011. The order granted the motion of respondents for partial summary judgment dismissing petitioner’s “counterclaims.”

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Select Fabricators, Inc. (SFI) commenced an action against William Hoge and William Hoge Consulting, Inc. (WHC) seeking, inter alia, damages for misconduct pursuant to Business Corporation Law § 720 and unjust enrichment. Hoge (hereafter, petitioner), a shareholder of SFI,…