LERNER v. KELLING


266 A.D.2d 434 (1999)

698 N.Y.S.2d 527

BARBARA LERNER, Individually and as 50% Shareholder Suing Derivatively on Behalf of RESORT PROPERTIES LTD. OF THE HAMPTONS, Appellant, v. FREDERICK S. KELLING, JR., et al., Respondents.

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

Decided November 22, 1999.


Ordered that the order is affirmed, with costs.

The plaintiff, a shareholder of the defendant corporation, established a prima facie case for summary judgment on the first cause of action in the complaint to recover damages for salary allegedly due to her under the parties' 1988 written agreement. The submissions by the individual defendant in opposition to the plaintiff's motion were sufficient to raise triable issues...

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