Sakow v. 633 Seafood Restaurant, Inc.

Order, Supreme Court, New York County (Richard B. Lowe III, J.), entered March 8, 2005, granting the motion of defendants 633 Seafood Restaurant, Inc. (633), 2427-2429 Seafood Restaurant Corp., Barry Corwin and Howard Levine for summary judgment, and dismissing the complaint as against all defendants, unanimously affirmed, without costs.

Plaintiff, in this derivative action commenced in 1997, alleges that the individual defendants at a corporate board meeting held in 1989 voted to compensate themselves excessively for services purportedly rendered on 633’s behalf. Inasmuch as plaintiff, who…