AGOSTINELLI v. STEIN


17 A.D.3d 982 (2005)

794 N.Y.S.2d 759

JOSEPH AGOSTINELLI et al., Respondents, v. MICHELLE STEIN et al., Defendants, and DAVID GRIFFO et al., Appellants. (Action No. 1.) ALLSTATE INSURANCE COMPANY, as Subrogee of JANE C. LANGEVIN, et al., Plaintiffs, v. MICHAEL STEIN, et al., Defendants. (Action No. 2.) ROYAL INDEMNITY COMPANY, as Subrogee of MARCUS KLEM, Respondent, v. MICHELLE STEIN et al., Defendants, and RAINALDI REAL ESTATE MANAGEMENT et al., Appellants. (Action No. 3.) CGU OF NEW YORK, as Subrogee of MARIA RUFFINI et al., Respondent, v. MICHAEL L. STEIN, Defendant, and WESTAGE AT THE HARBOR, Appellant. (Action No. 4.) TRAVELERS INDEMNITY COMPANY, as Subrogee of RANDY S. POOLE et al., Respondent, v. MICHAEL STEIN et al., Defendants, and DAVID GRIFFO et al., Appellants. (Action No. 5.) STATE FARM INSURANCE COMPANY, as Subrogee of MICHELLE STEIN et al., Respondent, v. MICHAEL STEIN, Defendant, and DAVID GRIFFO et al., Appellants. (Action No. 6.) KEMPER INSURANCE COMPANY, as Subrogee of ROSE BARRETT et al., Respondent, v. MICHAEL STEIN, Defendant, and DAVID GRIFFO et al., Appellants. (Action No. 7.) AMICA MUTUAL INSURANCE COMPANY, as Subrogee of LEO HESS et al., Respondent, v. MICHELLE STEIN et al., Defendants, and RAINALDI REAL ESTATE MANAGEMENT et al., Appellants. (Action No. 8.)

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

April 29, 2005.


It is hereby ordered that the order so appealed from be and the same hereby is modified on the law by granting the motion of defendants David Griffo, Westage Board of Managers and Westage at the Harbor in part and dismissing the complaint in action No. 1 against defendants David Griffo and Westage Board of Managers to the extent that it alleges a violation of the business judgment rule, the complaints in action Nos. 3 and 8 against...

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