Legal Opinion

Shearson Lehman Bros. v. Bagley

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

Decided June 30, 1994PublishedCited by 12 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Ira Gammerman, J.), entered November 29, 1993, which, inter alia, denied defendants-appellants’ motion to dismiss the second and fifth causes of action pursuant to CPLR 3016 (b) and 3211 (a), unanimously affirmed, with costs.

Appellants contend that the second cause of action against defendant Turchyn for fraud and breach of fiduciary duty and the fifth cause of action against defendant Atkins for aiding and abetting the other defendants to breach their fiduciary duty do not satisfy the pleading mandates of CPLR 3016 (b). However, contrary to Turchyn’s…

2Cases cited1 opinion

  1. Board of Managers v. Dylan Carpet, Inc.Appellate Division of the Supreme Court of the State of New York · 1992

3Cited by12 opinions

  1. Caprer v. NussbaumAppellate Division of the Supreme Court of the State of New York · 2006
  2. High Tides, LLC v. DeMicheleAppellate Division of the Supreme Court of the State of New York · 2011
  3. Bernstein v. Kelso & Co.Appellate Division of the Supreme Court of the State of New York · 1997
  4. Goel v. RamachandranAppellate Division of the Supreme Court of the State of New York · 2013
  5. Local 875 I.B.T. Pension Fund v. PollackDistrict Court, E.D. New York · 1998

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