Kaplan v. Queens Optometric Associates, P.C.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a shareholders’ derivative action, inter alia, for an accounting and injunctive relief, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Dabiri, J.), dated December 8, 2000, as denied their motion to dismiss the complaint pursuant to CPLR 3211 (a) (7), or, alternatively, for summary judgment dismissing the complaint, and granted that branch of the plaintiffs cross motion which was, in effect, to compel certain discovery.
Ordered that the order is affirmed insofar as appealed from, with costs.
It is well settled that “the granting…
2Cases cited7 opinions
- 219 Broadway Corp. v. Alexander's, Inc.New York Court of Appeals · 1979
- Independent Investor Protective League v. Time, Inc.New York Court of Appeals · 1980
- Dougherty v. City of RyeNew York Court of Appeals · 1984
- Papa Gino's of America, Inc. v. Plaza at Latham AssociatesAppellate Division of the Supreme Court of the State of New York · 1988
- Ratner v. Fountains Clove Road Apartments, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
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