OWEN v. HAMILTON


44 A.D.3d 593 (2007)

843 N.Y.S.2d 827

JAMES OWEN, Individually and as a Shareholder of STARPOINT PUBLISHING CORP., Appellant, v. LINDSAY HAMILTON et al., Respondents.

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

Decided October 30, 2007.


To the extent that plaintiff challenges Supreme Court's rejection of his proposed order and judgment, which sought the imposition of a constructive trust and an equitable accounting on defendants' judicially determined liability for breach of fiduciary duties and waste of corporate opportunity, that issue is now academic in light of this Court's reversal of Supreme Court's order of September 12, 2005, granting summary judgment to plaintiff on said causes of action, and our...

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