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ASHLAND MGT. INC. v. ALTAIR INVESTMENTS NA, LLC

59 A.D.3d 97 (2008)

869 N.Y.S.2d 465

ASHLAND MANAGEMENT INCORPORATED, Respondent-Appellant, v. ALTAIR INVESTMENTS NA, LLC, et al., Appellants-Respondents.

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

December 23, 2008.

Attorney(s) appearing for the Case

Gordon & Haffner, LLP, Harrison (David Gordon and Steven R. Haffner of counsel), for appellants-respondents.

Grayson & Associates, P.C., Greenwich, Connecticut (Eric D. Grayson of counsel), for respondent-appellant.

ANDRIAS, J.P., and WILLIAMS, J., concur with ACOSTA, J.; NARDELLI and McGUIRE, JJ., dissent in part in a separate opinion by McGUIRE, J.

OPINION OF THE COURT

ACOSTA, J.P.

The primary issues in this case involve the denial of defendants' motion for summary judgment dismissing the complaint, which alleges, among other things, defendants' blatant theft of confidential information in violation of confidentiality agreements as well as breach of fiduciary duties. Thus, contrary to the dissent, which focuses primarily on defendants' version of events, this Court is constrained to view the evidence...

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