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MASSOUMI v. GANJU

654289/20. Appeal No. 15795-15795A. Case No. 2021-00531.

204 A.D.3d 571 (2022)

167 N.Y.S.3d 467

2022 NY Slip Op 02760

Cyrus Massoumi, Appellant, v. Nikhil Ganju et al., Respondents.

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

Decided April 26, 2022.

Attorney(s) appearing for the Case

Lupkin PLLC, New York (Jonathan D. Lupkin of counsel), and Williams & Connolly LLP, New York (Whitney D. Hermandorfer of the bar of the District of Columbia, admitted pro hac vice, of counsel), for appellant.

Orrick, Herrington & Sutcliffe LLP, New York (William Foley of counsel), and Orrick, Herrington & Sutcliffe LLP, San Francisco, CA (James N. Kramer of the bar of the State of California, admitted pro hac vice, of counsel), for respondents.

Concur—Renwick, J.P., Kapnick, Gesmer, Moulton, Shulman, JJ.

Plaintiff is the co-founder, former Chief Executive Officer and board member of non-party Zocdoc, Inc. (Zocdoc), a Delaware corporation with its principal place of business in New York. In September 2020, he commenced this action against defendants Oliver Kharraz, Nikhil Ganju (Zocdoc co-founders and officers), and Netta Samroengraja (Zocdoc executive) alleging fraud and conspiracy to commit fraud and seeking damages and declaratory relief, inter alia, restoring him to his...

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