BenMaor v. Goldberg

Plaintiff Morton BenMaor brought the present action complaining of breach of contract and breach of fiduciary duty on the part of defendant Leon Goldberg, his fellow shareholder in a closely held corporation. Among other relief, BenMaor sought declaratory judgment with respect to the enforceability of a note and mortgage that Goldberg claimed to hold as assignee of the corporation’s former lender and an injunction preventing Goldberg from foreclosing on that mortgage. Goldberg filed a counterclaim also alleging breaches of fiduciary duty on the part of plaintiff and seeking equitable…