Smerling Enterprises, Inc. v. Goldstein

Order, Supreme Court, New York County (Alfred Toker, J.), entered July 9, 1991 which granted plaintiffs’ motion for summary judgment dismissing defendant’s first and third counterclaim and which granted third-party defendant’s motion for partial summary judgment, unanimously affirmed, with costs.

Defendant became the president and chief operating officer of plaintiff Smerling Enterprises, Inc. (SEI) in 1984 pursuant to an employment contract and simultaneously was given 10% of the stock of SEI’s parent corporation. In 1987 when defendant complained about the individual plaintiff Smerling’s…