Allan Pikus

Title: FRANK SHARP, Plaintiff, v. BAR FLUID LLC, ROBERT FLUET, ALLAN PIKUS…

Court: Supreme Court, New York County

Index No. 656730/2022 Motion Seq. No. 003

Date: Apr 10, 2023

Fact:

The plaintiff, a nightlife promoter, was approached by the defendants Allan Pikus and Robert Fluet in July 2019 to launch a new nightclub. The plaintiff and Pikus acted as promoters and managers for the nightclub, which opened in June 2021. The plaintiff was terminated in May 2022 and filed a lawsuit in June 2022, alleging various causes of action against the defendants, including breach of contract, breach of fiduciary duty, fraudulent misrepresentation, unjust enrichment, accounting, and retaliation.

Issue:

The issue before the court is whether the causes of action asserted against defendant Allan Pikus, specifically for breach of fiduciary duty, fraudulent misrepresentation, unjust enrichment, and accounting, have merit.

Decision:

The court granted defendant Allan Pikus’ motion to dismiss the amended verified complaint against him. The court found that there was no evidence to support the claims of breach of fiduciary duty, fraudulent misrepresentation, unjust enrichment, or accounting against Pikus. It was determined that Pikus did not owe a fiduciary duty to the plaintiff, nor did he engage in fraudulent conduct or unjust enrichment. Therefore, the court dismissed the claims against Pikus with prejudice. Additionally, the court denied Pikus’ request for attorneys’ fees. The action was severed and continued against the remaining defendants, and the caption of the case was amended accordingly.

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