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MULLIGAN v. LONG ISLAND FURY VOLLEYBALL CLUB

2018-06009. Index No. 622207/17.

178 A.D.3d 1056 (2019)

2019 NY Slip Op 09274

Sarah Mulligan, Respondent, v. Long Island Fury Volleyball Club, Appellant, et al., Defendants.

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

Decided December 24, 2019.

Attorney(s) appearing for the Case

Barnes Catterson LoFrumento Barnes LLP, Melville, NY (Leo K. Barnes, Jr., and Ryan J. McMahon of counsel), for appellant.

Raiser & Kenniff, P.C., Mineola, NY (Ethan D. Irwin of counsel), for respondent.

Balkin, J.P., Duffy, Connolly and Iannacci, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the defendant Long Island Fury Volleyball Club which was pursuant to CPLR 3211(a)(7) to dismiss so much of the first cause of action as, in effect, alleged breach of fiduciary duty insofar as asserted against it, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without...

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