Ross v. Moyer

—Order, Supreme Court, New York County (Barry Cozier, J.), entered February 23, 2001, which granted plaintiff’s motion for partial summary judgment as to liability on his first and third causes of action for breach of fiduciary duty and breach of implied duty of loyalty, unanimously reversed, on the law, with costs, and the motion for partial summary judgment denied.

In this action for damages arising from defendant’s alleged misconduct in diverting company assets, defendant’s principal theory of defense is that plaintiff’s own diversion of corporate monies, and his exclusion of defendant from…