Kingston v. Breslin

In a shareholder’s derivative action, inter alia, to recover damages for waste of corporate assets and breach of fiduciary duty, the plaintiff appeals from an order of the Supreme Court, Westchester County (Rudolph, J.), dated March 23, 2007, which granted the motion of the defendants Michael Breslin, John Breslin, Ave. Woodward Corp. and 2 Ave. Woodward Corp., for summary judgment dismissing the plaintiffs first, second, and third causes of action insofar as asserted against them.

Ordered that the order is affirmed, with costs.

The plaintiff was a 15% shareholder of the defendants Ave.…