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16 EAST 96TH APARTMENT CORP. v. NEUBOHN

50 A.D.3d 397 (2008)

854 N.Y.S.2d 312

16 EAST 96TH APARTMENT CORP., Plaintiff, v. LARS NEUBOHN et al., Defendants and Counterclaim Plaintiffs-Appellants. KENNETH WILLIG et al., Additional Counterclaim Defendants-Respondents.

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

Decided April 10, 2008.

The first counterclaim alleged that plaintiff's individual directors breached their fiduciary duties by singling defendants out for disparate treatment. The second counterclaim alleged that Rosette Willig assisted the individual directors in breaching their fiduciary duties.

"Individual directors" may not be subject to liability without allegations of separate tortious acts (DeCastro v Bhokari, 201 A.D.2d 382 [1994]; see...

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