CAREY v. CUNNINGHAM


191 A.D.2d 336 (1993)

595 N.Y.S.2d 185

David L. Carey et al., Appellants, v. Myles C. Cunningham, Individually and as Trustee of The Peerless Petrochemicals Voting Trust, Respondent

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

March 18, 1993


The exculpatory clause in the voting trust agreement insulated defendant trustee from liability except for acts of bad faith or purposeful malfeasance (see, O'Hayer v de St. Aubin, 30 A.D.2d 419, 423; Matter of Balfe, 245 App Div 22, 24) and none of the acts alleged herein rise to that level. Plaintiffs failed to demonstrate good cause to support their cause of action in seeking leave to replead (CPLR 3211 [e]), and...

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