Guthartz v. Goldrick

OPINION OF THE COURT

Ira B. Warshawsky, J.

Plaintiffs Ona Guthartz, First Wall Securities, Inc. and Alan Guthartz, as custodian for Jason Guthartz, bring this action derivatively (Business Corporation Law § 626) on behalf of nominal defendant State Bancorp, Inc. (State Bank or Bank) against its officers and directors alleging breach of fiduciary duty and corporate waste. Before the court are motions by the non-answering defendants for an order pursuant to CPLR 3211 (a) (5) dismissing the first cause of action as being barred by the statute of limitations or, in the alternative, for an order…