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EMPIRE FIN. SERVS., INC. v. BELLANTONI

CA 07-02233.

2008 NY Slip Op 06061

EMPIRE FINANCIAL SERVICES, INC., EFS HOLDINGS LLC AND BROKER ALLIANCE GROUP, INC., PLAINTIFFS-APPELLANTS, v. DORIS BELLANTONI, TERESA CHIOLA, PATRICIA L. GOTRO, MARY JANE HOSMER, DONNA MENZA, ROBERT A. RASP, VICTOR A. TOMASULO, THOMAS A. VITRANO, BARBARA ROUCCO, KATHERINE R. MCLERNON, JOSEPH DILEO, MONY, ALSO KNOWN AS THE MONY GROUP, ALSO KNOWN AS THE MONY GROUP, INC., MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 3, 2008.

Attorney(s) appearing for the Case

ROSCETTI & DE CASTRO, P.C., NIAGARA FALLS (JAMES C. ROSCETTI OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

SCHRÖDER, JOSEPH & ASSOCIATES, LLP, BUFFALO (LINDA H. JOSEPH OF COUNSEL), FOR DEFENDANTS-RESPONDENTS DORIS BELLANTONI, TERESA CHIOLA, PATRICIA L. GOTRO, MARY JANE HOSMER, DONNA MENZA, ROBERT A. RASP, VICTOR A. TOMASULO, THOMAS A. VITRANO, BARBARA ROUCCO, KATHERINE R. MCLERNON, JOSEPH DILEO AND MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY.

PHILLIPS LYTLE LLP, BUFFALO (EDWARD S. BLOOMBERG OF COUNSEL), FOR DEFENDANT-RESPONDENT MONY, ALSO KNOWN AS THE MONY GROUP, ALSO KNOWN AS THE MONY GROUP, INC.

PRESENT: CENTRA, J.P., LUNN, FAHEY, PERADOTTO, AND GORSKI, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking damages for, inter alia, breach of contract, tortious interference with contract, and unjust enrichment after the individual defendants-respondents, with the exception of defendant Joseph DiLeo, left the employ of plaintiff Empire Financial Services, Inc. (Empire) for defendant MONY. According to plaintiffs, the individual...

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