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MOORE CHARITABLE FOUND. v. PJT PARTNERS, INC.

10461. 654584/17.

178 A.D.3d 433 (2019)

115 N.Y.S.3d 11

2019 NY Slip Op 08627

The Moore Charitable Foundation et al., Appellants-Respondents, v. PJT Partners, Inc., et al., Respondents-Appellants, et al., Defendant.

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

Decided December 3, 2019.

Attorney(s) appearing for the Case

Susman Godfrey L.L.P., New York (Stephen Shackelford Jr. of counsel), for appellants-respondents.

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York (Aidan Synnott of counsel), for respondents-appellants.

Concur—Kern, J.P., Oing, Singh, Moulton, JJ.

Defendants' employee orchestrated a fraudulent scheme through a fictitious transaction solely for personal gain. Thus, defendants are not liable for that fraud under the doctrine of respondeat superior (see Bowman v State of New York, 10 A.D.3d 315, 316 [1st Dept 2004]). It is of no moment that some of the fraudulently obtained funds were used to repay formerly embezzled funds so as to...

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