Northbay Construction Co. v. Bauco Construction Corp.

In an action, inter alia, to impose a constructive trust, and a related shareholder’s derivative action to recover damages for breach of fiduciary duty, the plaintiffs in action Nos. 1 and 2 appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Nicolai, J.), dated May 9, 2008, as denied, in part, that branch of their cross motion which was for summary judgment on the issue of liability, and the defendants cross-appeal from so much of the same order as denied their motion for summary judgment dismissing certain portions of the complaints.

Ordered…