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MEL-STU CONSTR. CORP. v. MELWOOD CONSTR. CORP.

101 A.D.2d 809 (1984)

Mel-Stu Construction Corp., Appellant, v. Melwood Construction Corporation, Respondent, et al., Defendants. (Action No. 1.) August Faustini et al., on Behalf of Themselves as Shareholders of Mel-Stu Construction Corp., Appellants, v. Albert Paniccia, Respondent. (Action No. 2.)

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

May 7, 1984

¶ In action No. 2, a shareholders' derivative action, inter alia, to recover damages for an alleged breach of a fiduciary duty to the corporation, plaintiffs appeal from so much of an order of the Supreme Court, Queens County (Kunzeman, J.), dated June 30, 1982, as denied their motion to strike the third and fourth affirmative defenses and counterclaims asserted in defendant's answer, and granted defendant's cross motion...

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