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LIPPMAN v. SHAFFER

15 Misc.3d 705 (2006)

836 N.Y.S.2d 766

WADE LIPPMAN et al., Individually and on Behalf of DESPATCH INDUSTRIES, INC., Formerly Known as BRAINERD MANUFATURING COMPANY, Plaintiffs, v. ALAN SHAFFER et al., Defendants.

Supreme Court, Monroe County.

November 2, 2006.

Attorney(s) appearing for the Case

Wolford & Leclair LLP, Rochester (Steven E. Cole of counsel), for plaintiffs.

Boylan Brown Code Vigdor & Wilson LLP, Rochester (James E. Metzler of counsel), for defendants.

OPINION OF THE COURT

KENNETH R. FISHER, J.

Plaintiffs, Wade Lippman and Suanne Lippman, individually and on behalf of Despatch Industries, Inc., formerly known as Brainerd Manufacturing Company, move pursuant to CPLR 3212 for an order granting them summary judgment on their third and fourth causes of action (the preferred dividend and breach of fiduciary duty claims, respectively), and for partial summary judgment on the first cause of action (the excessive...

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