3651. ART CAPITAL GROUP, LLC plf-ap, v. ANDREW C. ROSE ET AL., def-res — [AND ANOTHER ACTION] The Majorie Firm Ltd., New York (Francis B. Majorie of counsel), for ap — Barton, LLP, New York (Mathew E. Hoffman of counsel), for res — Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered on or about July 13, 2016, which denied plaintiffs’ motion for summary judgment as to liability and granted defendants’ request to search the record and grant them summary judgment dismissing plaintiffs’ claims, unanimously modified, on the law, to deny defendants’ request to search the record and grant summary judgment as to the eleventh, twelfth, and fourteenth through seventeenth causes of action, and to deny defendants summary judgment dismissing so much of the second cause of action as is based on the transactions with Berry Hill Galleries/Coram Capital, LLC, Michael Antonello, George Newman, Holcombe Green, Paul Bennet (or Bennett), and Alan Milton/SageCrest, and otherwise affirmed, without costs.
Although their brief began and ended by saying that plaintiffs sought summary judgment on the second amended complaint, the brief, affidavit, affirmations, and statement of uncontested facts focused on the faithless servant doctrine, breach of fiduciary duty, and aiding and abetting breach of fiduciary duty. In searching the record upon defendants’ request, the motion court properly reached the first through tenth and eighteenth through twenty-first causes of action(see e.g. Siegel Consultants, Ltd. v. Nokia, Inc., 85 AD3d 654, 656-657 [1st Dept 2011], lv denied 18 NY3d 809 [2012]). The second cause of action alleges breach of fiduciary duty against Christopher Krecke; the fourth alleges that Andrew Rose aided and abetted Krecke’s breaches of fiduciary duty. While there is no claim labeled “faithless servant,” that issue is related to the first through third, fifth through tenth, and eighteenth through twenty-first causes of action. Furthermore, defendants’ papers specifically mentioned trade secrets/confidential information, whether the names of defendant companies were confusingly similar to plaintiffs’ names, lack of evidence that Krecke solicited clients or funding sources for Rose, and the lack of noncompete, confidentiality, or nonsolicitation agreements. The affidavit by plaintiffs’ principal (Ian Peck) addressed the issue of fraud, which is the subject of the thirteenth cause of action.
