Legal Opinion

Kagan v. HMC-New York, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided February 28, 2012PublishedCited by 5 opinions

1Opinion of the Court

*69OPINION OF THE COURT

Catterson, J.

In this action, we are asked to determine, inter alia, whether the plaintiffs claims for breach of contract can stand against defendant managers whose potential liability is circumscribed by the language of the contract, and whether his claims for breach of fiduciary duty should be reinstated under Delaware law. The plaintiff, Howard Kagan, seeks to recover amounts allegedly owed in connection with his work for an investment firm, HMC-NY, and his equity holding and membership interest in Harbinger Capital Partners GFJ LLC (hereinafter referred to as the…

2Cases cited5 opinions

  1. Nemec v. ShraderSupreme Court of Delaware · 2010
  2. Kuroda v. SPJS Holdings, L.L.C.Court of Chancery of Delaware · 2009
  3. William Kaufman Organization, Ltd. v. Graham & James L. L. P.Appellate Division of the Supreme Court of the State of New York · 2000
  4. Salles v. Chase Manhattan BankAppellate Division of the Supreme Court of the State of New York · 2002
  5. TIC Holdings, LLC v. HR Software Acquisitions Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2003

3Cited by5 opinions

  1. Alliance Network, LLC v. Sidley Austin LLPNew York Supreme Court · 2014
  2. JJM Sunrise Automotive, LLC v. Volkswagen Group of America, Inc.New York Supreme Court · 2014
  3. Fifth & Fifty-Fifth Residence Club Assn., Inc. v. Vistana Signature Experiences, Inc.Appellate Division of the Supreme Court of the State of New York · 2023
  4. In Re: L&N Twins Place LLCDistrict Court, S.D. New York · 2020
  5. Piazza v. BlatterUnited States Bankruptcy Court, S.D. New York · 2025

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