McGuire v. Huntress, 83 A.D.3d 1418

Appeal from a judgment of the Supreme Court, Erie County (John M. Curran, J.), entered January 19, 2010. The judgment dismissed the amended complaint of plaintiff McGuire Children, LLC and the counterclaim of defendants.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Defendants appeal from a judgment following a nonjury trial that dismissed the amended complaint of plaintiff McGuire Children, LLC (McGuire Children) and dismissed defendants’ counterclaim for an award of attorneys’ fees against McGuire Children based on the general release executed by plaintiffs. The court determined, inter alia, that defendant William L. Huntress breached a fiduciary duty that he owed to McGuire Children but that McGuire Children failed to establish that they sustained any damages as a result of that breach. We affirm.

Case Details

Case Name: McGuire v. Huntress

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Apr 1, 2011

Citations: 83 A.D.3d 1418; 919 N.Y.S.2d 455; Appeal No. 1

Docket Number: Appeal No. 1

Court Abbreviation: N.Y. App. Div.