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BENDER v. FERRO

86 A.D.2d 12 (1982)

Stephen Bender, Appellant, v. Gaspare Ferro et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 1, 1982

Attorney(s) appearing for the Case

Irving Bizar of counsel (Pincus Ohrenstein Bizar D'Alessandro & Solomon, attorneys), for appellant.

Jack A. Kaplowitz of counsel (Jeffrey W. Waller with him on the brief; Jeffrey W. Waller, attorney), for respondents.

SANDLER, BLOOM and LUPIANO, JJ., concur.

KUPFERMAN, J. P.

Plaintiff, a stockholder in H.J. Bottling Corporation (H.J.), alleges that the individual defendants, managing directors and chief executive officers of H.J., breached their fiduciary duty to the corporation and defrauded the plaintiff and other stockholders by profiting personally from corporate opportunities.

The complaint contains two causes of action. The first cause of action is...

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