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FREER v. MAYER

223 A.D.2d 667 (1996)

637 N.Y.S.2d 425

David Freer, Jr., as a Shareholder Suing Derivatively in the Right of Progressive Bank, Inc., Appellant-Respondent, v. E. Hale Mayer, Respondent-Appellant, and Thomas C. Aposporos et al., Respondents

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

January 29, 1996

Ordered that the cross-appeal is dismissed as academic; and it is further,

Ordered that the judgment is affirmed insofar as appealed from; and it is further,

Ordered that the respondents and the respondent-appellant are awarded one bill of costs.

The Supreme Court properly determined that it was not obligated by the doctrine of the law of the case to follow a determination of a Federal court which found that issues of fact existed as to the Federal...

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