Herson v Troon Mgt., Inc.

Herson v Troon Mgt., Inc. 2012 NY Slip Op 02608 Decided on April 10, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 10, 2012
Andrias, J.P., Friedman, Acosta, Freedman, Richter, JJ.
7326 604264/05

[*1]Stephen Herson, etc., Plaintiff-Appellant,

v

Troon Management, Inc., et al., Defendants-Respondents.




Kirkland & Ellis LLP, New York (Peter Duffy Doyle of
counsel), for appellant.
Schulte Roth & Zabel LLP, New York (Robert M. Abrahams
of counsel), for respondents.

Appeal from order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered on or about July 29, 2010, after a nonjury trial, deemed appeal from judgment, same court and J.H.O., entered August 17, 2010 (CPLR 5520[c]), dismissing the complaint, and, so considered, said judgment unanimously affirmed, with costs.

The trial court's primary findings, that plaintiff was reimbursed for all amounts under claims not barred by the statute of limitations and that defendants did not commit fraud or engage in a persistent pattern of disloyalty that would obligate them to disgorge their management fees dating back to 1996, are amply supported by the evidence (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]).

We have considered plaintiff's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: APRIL 10, 2012

CLERK