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10830. PANO SERETIS, ETC., plfap, v. FASHION VAULT CORP. ET AL., def-res — James W. Hyde, IV, Wells, for ap — Wachtel Missry LLP, New York (David Yeger of counsel), for res — Order and judgment (one paper), Supreme Court, New York County (Sue Ann Hoahng, Special Referee), entered August 21, 2012 (as an order) and October 9, 2012 (as a judgment), dismissing plaintiff’s claims, unanimously affirmed, without costs.

By the time of trial, the only remaining causes of action were the first, for an accounting; the second, alleging that defendant Frederick Margulies had converted and misappropriated nominal defendant Fashion Vault Corp.’s assets; the third, alleging that Margulies had breached his fiduciary duty to Fashion Vault; and the eighth, alleging that Margulies had breached the shareholders’ agreement among plaintiff, Margulies, and Fashion Vault. The order of reference did not specify what the referee was to hear and determine; however, the parties agreed that it was the valuation of Fashion Vault’s inventory and shares.

 
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