DENNIS T. PALMERI, JR., plf-ap, v. WILKIE FARR & GALLAGHER LLP, def-res

3357. DENNIS T. PALMERI, JR., plf-ap, v. WILKIE FARR & GALLAGHER LLP, def-res — Ansell Grimm & Aaron, P.C., New York (Joshua S. Bauchner of counsel), for ap — Lupkin & Associates PLLC, New York (Jonathan D. Lupkin of counsel), for res — Order, Supreme Court, New York County (Eileen Bransten, J.), entered November 5, 2015, which, to the extent appealed from as limited by the briefs, granted defendant's motion for summary judgment dismissing the complaint, unanimously modified, on the law, to deny in part defendant's motion for summary judgment, and reinstate the first cause of action for breach of fiduciary duty, and otherwise affirmed, without costs.

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3357. DENNIS T. PALMERI, JR., plf-ap, v. WILKIE FARR & GALLAGHER LLP, def-res — Ansell Grimm & Aaron, P.C., New York (Joshua S. Bauchner of counsel), for ap — Lupkin & Associates PLLC, New York (Jonathan D. Lupkin of counsel), for res — Order, Supreme Court, New York County (Eileen Bransten, J.), entered November 5, 2015, which, to the extent appealed from as limited by the briefs, granted defendant’s motion for summary judgment dismissing the complaint, unanimously modified, on the law, to deny in part defendant’s motion for summary judgment, and reinstate the first cause of action for breach of fiduciary duty, and otherwise affirmed, without costs.

In January 2001, nonparty Ramius Securities LLC hired plaintiff Dennis T. Palmeri, Jr. to serve as manager of its stock lending securities department. At some point in 2007, the Financial Industry Regulatory Authority (FINRA)¹ began a regulatory investigation seeking information on the use of so-called finders in Ramius’s stock lending business. In December 2007, after having received information from Ramius in response to its initial requests, FINRA served both Ramius and plaintiff with letter requests for additional information regarding transactions that had included a finder’s fee.

DENNIS T. PALMERI, JR., plf-ap, v. WILKIE FARR & GALLAGHER LLP, def-res

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