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

In an action 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 December 18, 2009, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.