Katz v. Emmett

In a consolidated shareholder’s derivative action, inter alia, to recover damages for breach of fiduciary duty and waste of corporate assets, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Colabella, J.), entered September 1, 1994, which granted the separate motions of the defendants to dismiss the complaint (1) for failure to make a presuit demand on the board of directors of Tambrands, Inc., and (2) for lack of personal jurisdiction over 11 of the individual defendants.

Ordered that the order is affirmed, with one bill of costs payable to the respondents…