Appellate Division of the Supreme Court of the State of New York May 10, 2011 (Island Sports Physical Therapy v. Burns)

In an action, inter alia, to recover damages for fraud and breach of the duty of loyalty, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Whelan, J.), dated November 20, 2009, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.