Lichtenberg v. Zinn

Appeal from an order of the Supreme Court (Bradley, J.), entered February 20, 1998 in Ulster County, which granted defendants’ motion for summary judgment dismissing the complaint.

Plaintiff commenced this shareholder derivative action in March 1993 on behalf of defendant Besicorp Group, Inc., a corporation engaged in the business of power production and heating technology, alleging a breach of fiduciary duty by the corporation’s then board of directors, defendants Michael F. Zinn, Martin E. Enowitz and Steven I. Eisenberg. Although plaintiff questioned certain transactions proposed and…