McBRIEN v. MURPHY


156 A.D.2d 140 (1989)

Rose McBrien, Individually and as Shareholder of No. 730 Richmond Terrace Corporation and in the Right of No. 730 Richmond Terrace Corporation, Appellant, v. Frank Murphy, Jr., et al., Respondents

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

December 5, 1989


Plaintiff, a one-third shareholder in a closely held family corporation which owns three parcels of real estate on Staten Island's north shore, alleges that defendant has breached his fiduciary duties in the course of his tenure as sole corporate operating officer. A substantial portion of plaintiff's claim for appointment of a temporary receiver was based upon the failure to secure any tenant for any of the properties in the year prior to the motion, resulting in an utter...

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