AMCAN HOLDINGS, INC. v. TORYS LLP


32 A.D.3d 337 (2006)

821 N.Y.S.2d 162

AMCAN HOLDINGS, INC., et al., Respondents, v. TORYS LLP et al., Appellants. TORYS LLP, Third-Party Plaintiff, v. RICHARD E. GRAY, Third-Party Defendant-Respondent.

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

August 24, 2006.


The genesis of this case stretches back to 1996, when a derivative action was brought in Supreme Court, New York County, against third-party defendant Gray and various corporations he owned, controlled or with which he was otherwise affiliated. During the course of those proceedings, the court issued a preliminary injunction prohibiting Gray and his corporations from certain transactions.

In 1999, Gray was held in contempt for violating the injunction, but his punishment...

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