Gesuale v. Tully

In a shareholders’ derivative action, inter alia, for conversion of a corporate opportunity, the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (O’Shaughnessy, J.), entered September 19, 1989, which, after a nonjury trial, is in favor of the defendants and against them dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

The plaintiff Thomas Gesuale and defendant Kenneth Tully were shareholders, directors and officers of Review Avenue Enterprises, Inc. (hereinafter Review), a corporation whose assets consisted of waterfront land in Queens. At all…