Donovan v. Rothman

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered June 19, 1998, which, to the extent appealed from, denied plaintiffs’ motion for summary judgment on their first and third causes of action in this shareholder derivative action, unanimously modified, on the law, to the extent that plaintiffs are granted partial summary judgment only as to the issue of liability for legal fees on the third cause of action, and otherwise affirmed, without costs.

Although the record in this matter, including defendant Rothman’s admissions and the previous findings in this case as stated by…