- SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
- Jan 29 2013 (Date Decided)
- Andrias, J.P., Sweeny, DeGrasse, Freedman, Richter, JJ.
9077. ALAN D. GORDON, ETC., Plaintiff-res-ap, v. FREDERICK W. CREDNO, JR., ETC. Defendants-Appellants-res, DAVINDER SEHMI def — Brune & Richard LLP, New York (David Elbaum of counsel), for Frederick W. Credno, Jr., appellant-res — Dechert LLP, New York (Steven A. Engel of counsel), for Donald J. Moss, Skylink Air and Logistic Support (USA), Inc., Sportsflight Air and Harjit S. Kalsi, appellants-res — Law Offices of Edward C. Kramer, P.C., New York (Edward C. Kramer of counsel), for res-res — Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered on or about January 9, 2012, which, to the extent appealed from, denied defendant Credno's motion to dismiss plaintiff's claims against him for breach of contract (counts four and five), fraud (counts six and nine) and breach of fiduciary duty (count eight); denied defendants SkyLink Air and Logistic Support (USA), Inc. (SkyLink USA), Harjit S. Kalsi, Donald J. Moss, and Sportsflight Air, Inc.'s (collectively, the SkyLink defendants) motion to dismiss plaintiff's claims against SkyLink USA for breach of contract (count one), unjust enrichment (count two) and quantum meruit (count three), and against all of the SkyLink defendants for fraud (counts six and nine); and granted defendants' motions to dismiss plaintiff's breach of contract claim (count seven) in its entirety, and those portions of his fraud (counts six and nine) and breach of fiduciary duty (count eight) causes of action alleging derivative claims, unanimously modified, on the law, to dismiss the unjust enrichment and quantum meruit claims, and to dismiss plaintiff's claims in his individual capacity under the fraud and breach of fiduciary duty causes of action, and otherwise affirmed, without costs.