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Miller v. Doniger, 707 N.Y.S.2d 170 (1st Dep’t 2000)

May 4, 2000

Appeal was taken from order of the Supreme Court, New York County, Barry Cozier, J., granting summary judgment for defendants on claims of fraud, breach of fiduciary duty, negligence, negligent misrepresentation, and unjust enrichment. The Supreme Court, Appellate Division, held that: (1) plaintiffs failed to establish fraud claim; (2) trial court properly disregarded summary judgment affidavit of former corporate employee; and (3) defendant's allegedly wrongful actions were protected by business judgment rule. Affirmed.

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