Opinion
13204 Index No. 600782/07 Case No. 2019-04344
02-25-2021
CASITA, L.P., derivatively ON BEHALF OF MAPLEWOOD EQUITY PARTNERS (OFFSHORE) LTD., Plaintiff–Respondent, v. Robert V. GLASER et al., Defendants–Appellants.
Akerman LLP, New York ( Scott M. Kessler of counsel) and Akerman LLP, Miami, FL ( Brian P. Miller, of the bar of the State of Florida and District of Columbia, admitted pro hac vice, of counsel), for appellants. Ropes & Gray LLP, New York ( Jerome C. Katz of counsel), for respondent.
Akerman LLP, New York ( Scott M. Kessler of counsel) and Akerman LLP, Miami, FL ( Brian P. Miller, of the bar of the State of Florida and District of Columbia, admitted pro hac vice, of counsel), for appellants.
Ropes & Gray LLP, New York ( Jerome C. Katz of counsel), for respondent.
Acosta, P.J., Renwick, Singh, Mendez, JJ.
Judgment, Supreme Court, New York County (Robert R. Reed, J.), entered October 1, 2019, after a jury trial, in favor of plaintiff against defendants in the total amount of $21,702,394.13, unanimously affirmed, with costs.
It was not "utterly irrational" for the jury to conclude that defendants breached their fiduciary duty to plaintiff when they refused to sell a company owned by plaintiff's private equity fund ( see generally Killon v. Parrotta, 28 N.Y.3d 101, 42 N.Y.S.3d 70, 108, 65 N.E.3d 41 [2016] [internal quotation marks omitted]; Nemeth v. Brenntag N. Am., 183 A.D.3d 211, 216, 123 N.Y.S.3d 12 [1st Dept. 2020] ). There is no basis to disturb the jury's assessment of the facts and the credibility of the witnesses in finding that defendants' breach caused damages to plaintiff. Furthermore, the award of damages was supported by the evidence and was not speculative.