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COURTOIS v. TOMS CAPITAL MGT. LP

Index No. 161028/20. Appeal No. 16698. Case No. 2022-01744.

210 A.D.3d 522 (2022)

179 N.Y.S.3d 35

2022 NY Slip Op 06545

Kevin S. Courtois, Respondent, v. TOMS Capital Management LP, Appellant, et al., Defendants.

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

Decided November 17, 2022.

Attorney(s) appearing for the Case

Dontzin Nagy & Fleissig LLP, New York (David A. Fleissig of counsel), for appellant.

Ancona Associates, Mineola (Vincent J. Ancona of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Friedman, Gesmer, Singh, JJ.

Order, Supreme Court, New York County (Louis Nock, J.), entered October 27, 2021, which, to the extent appealed from, denied so much of defendant TOMS Capital Management LP's (TOMS) motion to dismiss the third cause of action for unjust enrichment and eighth cause of action for negligence against it based on the theory of respondeat superior, unanimously reversed, on the law, with costs, the motion granted as to those causes of action, and the complaint against TOMS dismissed...

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