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SPITZER v. SCHUSSEL

7 Misc.3d 171 (2005)

792 N.Y.S.2d 798

ELIOT SPITZER, as Attorney General of the State of New York, on Behalf of the ULTIMATE CHARITABLE BENEFICIARIES, and Derivatively on Behalf of the NEW DANCE GROUP STUDIO, INC., Also Known as the NEW DANCE GROUP ART CENTER, Plaintiff, v. RICK SCHUSSEL et al., Defendants.

Supreme Court, New York County.

January 20, 2005.

Attorney(s) appearing for the Case

Ohrenstein & Brown, LLP (Jason A. Advocate and Marc Isaac of counsel), for defendants.

Eliot Spitzer, pro se, and Barbara L. Quint and James Robert Pigott Jr. for Eliot Spitzer, plaintiff.

OPINION OF THE COURT

ROSALYN RICHTER, J.

The Attorney General of the State of New York commenced this action against the current members of the Board of Directors of the New Dance Group Studio, Inc. (NDG), a not-for-profit corporation organized under the New York Not-For-Profit Corporation Law. According to the complaint, defendant Rick Schussel, who has held various positions over the years on NDG's Board, violated his fiduciary duties of loyalty and care...

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