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O'DONNELL v. FERRO

303 A.D.2d 567 (2003)

756 N.Y.S.2d 485

JOHN O'DONNELL, Appellant, v. PATRICK FERRO et al., Respondents, et al., Defendants.

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

Decided March 17, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff instituted this shareholder's derivative action on behalf of Mazal Beverage, Inc. (hereinafter Mazal), a Delaware corporation, against, among others, one of its directors, the now-deceased Charles Ferro (hereinafter Ferro), alleging breach of fiduciary duty and waste of corporate assets. Ferro and Mazal (hereinafter the respondents) moved...

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