MATTHEW J. VERDONE, ETC., res-ap, v. SUFFOLK ANESTHESIOLOGY ASSOCIATES, P.C., ETC. APPELLANTS-res

MATTHEW J. VERDONE, ETC., res-ap, v. SUFFOLK ANESTHESIOLOGY ASSOCIATES, P.C., ETC. APPELLANTS-res — (ACTION NO. 2)

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MATTHEW J. VERDONE, ETC., res-ap, v. SUFFOLK ANESTHESIOLOGY ASSOCIATES, P.C., ETC. APPELLANTS-res — (ACTION NO. 2)

(INDEX NOS. 37932/08, 14992/09) In two related actions, inter alia, to recover damages for breach of contract and breach of fiduciary duty, (a) Suffolk Anesthesiology Associates, P.C., Anthony Bonanno, Salvatore Buffa, Steven Cohen, Robert Fondacaro, Vineet Gambhir, Benjamin Kirschenbaum, Andrew Makrides, Elliot Rossein, James Suazo, Lance Turner, Office-Based Anesthesia, PLLC, and United Anesthesia, P.C., appeal, as limited by their brief, from stated portions of a judgment of the Supreme Court, Suffolk County (Pines, J.), dated October 9, 2012, which, upon a decision dated April 25, 2012, made after a nonjury trial, inter alia, determined that they are not entitled to liquidated damages pursuant to an employment agreement, awarded Matthew J. Verdone damages in the principal sum of $1,714,826.83 for deferred compensation payable under the employment agreement, damages in the principal sum of $98,400 for unpaid shareholder distributions from Suffolk Anesthesiology Associates, P.C., for the year 2008, damages in the principal sum of $116,160 for retained earnings, and compensation for his investment in a related venture known as SurgiCar Ambulatory Center, Inc., with prejudgment interest, and denied their application for certain costs, (b) Philip Kurlander separately appeals, as limited by his brief, from so much of the judgment as awarded Matthew J. Verdone prejudgment interest, and (c) Matthew J. Verdone cross-appeals, as limited by his brief, from so much of the judgment as determined that Suffolk Anesthesiology Associates, P.C., properly terminated his employment “with cause” as of December 15, 2008, and dismissed his cause of action to recover damages allegedly incurred as a result of a preliminary injunction.

MATTHEW J. VERDONE, ETC., res-ap, v. SUFFOLK ANESTHESIOLOGY ASSOCIATES, P.C., ETC. APPELLANTS-res

MATTHEW J. VERDONE, ETC., res-ap, v. SUFFOLK ANESTHESIOLOGY ASSOCIATES, P.C., ETC. APPELLANTS-res — (ACTION NO. 2)

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