Zyskind v. FaceCake Marketing Technologies, Inc.

Order, Supreme Court, New York County (Bernard J. Fried, J.), entered May 21, 2012, which, to the extent appealed from, granted defendant’s motion to dismiss the first, second and ninth counterclaims and so much of the third and fourth *445counterclaims as is based on the anti-dilution provision of the parties’ agreements, unanimously modified, on the law, to deny the motion as to the parts of the first and second counterclaims that are based on defendant’s cancellation of the shares for which plaintiffs had already paid and as to the parts of the first, third, and fourth counterclaims that…