The breach of fiduciary duty claim was dismissed as barred by the three-year statute of limitations, pursuant to CPLR 214[4]. In seeking recovery of compensation that plaintiff paid its decedent-employee during the time he allegedly engaged in an insider trading scheme, plaintiff seeks purely monetary relief, not equitable relief for which an award of monetary damages would be inadequate. Plaintiff's characterization of that relief as "disgorgement" of compensation does not convert it into a claim for equitable relief to which the six-year statute of limitations would apply, pursuant to CPLR 213[1].
VA Mgt. LP. v. Estate of Valvani, NY Slip Op 01878 (1st Dep't March 25, 2021)
