Carey v. Cunningham

—Order and judgment (one paper), Supreme Court, New York County (Carmen Beauchamp Ciparick, J.), entered March 26, 1992, granting defendant’s motion to dismiss the complaint, and order, same court and Justice, entered November 20, 1991, which had denied plaintiffs’ motion to renew, unanimously affirmed, with costs.

The exculpatory clause in the voting trust agreement insulated defendant trustee from liability except for acts of bad faith or purposeful malfeasance (see, O’Hayer v de St. Aubin, 30 AD2d 419, 423; Matter of Balfe, 245 App Div 22, 24) and none of the acts alleged herein rise to…