Tsutsui v. Barasch
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*897In a shareholders’ derivative action, inter alia, to recover damages for breach of fiduciary duty, the plaintiff appeals from an order of the Supreme Court, Westchester County (Rudolph, J.), entered May 20, 2008, which granted those branches of the defendants’ motion which were pursuant to Business Corporations Law § 626 (c), CPLR 3016 (b) and 3211 (a) (7) to dismiss the complaint.
Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the defendants’ motion which were to dismiss the second and third causes of action and substituting…
2Cases cited12 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Pludeman v. NORTHERN LEASINGNew York Court of Appeals · 2008
- Diamond v. OreamunoNew York Court of Appeals · 1969
- Marx v. AkersNew York Court of Appeals · 1996
- In Re infoUSA, Inc. Shareholders LitigationCourt of Chancery of Delaware · 2007
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3Cited by12 opinions
- Palmetto Partners, L.P. v. AJW Qualified Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Armentano v. Paraco Gas Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- In re Facebook, Inc.District Court, S.D. New York · 2013
- Walsh v. Wwebnet, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Ball v. BakerDistrict Court, S.D. New York · 2021
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