SAKOW v. 633 SEAFOOD RESTAURANT, INC.


25 A.D.3d 418 (2006)

808 N.Y.S.2d 192

MARION SAKOW, Appellant, v. 633 SEAFOOD RESTAURANT, INC., et al., Respondents, et al., Defendants.

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

January 12, 2006.


Plaintiff, in this derivative action commenced in 1997, alleges that the individual defendants at a corporate board meeting held in 1989 voted to compensate themselves excessively for services purportedly rendered on 633's behalf. Inasmuch as plaintiff, who attended the 1989 board meeting, inexplicably waited some eight years to commence this litigation, and defendants would be prejudiced if they were at this late date required to account for or return the compensation they...

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