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LEX TENANTS CORP. v. GRAMERCY NORTH ASSOCIATES

288 A.D.2d 48 (2001)

732 N.Y.S.2d 340

LEX TENANTS CORP., Respondent, v. GRAMERCY NORTH ASSOCIATES et al., Appellants and Third-Party Plaintiffs-Appellants. KEITH DEMATTEIS et al., Third-Party Defendants-Respondents.

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

Decided November 13, 2001.

The causes of action at issue on this appeal, purportedly for breach of fiduciary duty, are asserted by Gramercy North Associates (Associates), a limited partnership that is a shareholder of plaintiff cooperative corporation (Lex Tenants), and two general partners of Associates, against Lex Tenants and several of Lex Tenants' present or former directors. The movants submitted evidence, including, inter alia, the deposition testimony of the Associates general partner...

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