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SMITH v. SMITH

No. 17 Civ. 6648 (PAE).

JUDITH SMITH, derivatively on behalf of 50 East 69th Street Corporation; DAVID EZEKIEL FAIRBANK, derivatively on behalf of 50 East 69th Street Corporation; and JUDITH SMITH as CO-TRUSTEE OF THE NANCY A. FAIRBANK, JOHN TAYLOR FAIRBANK AND NATHANIEL DAVID FAIRBANK TRUSTS, derivatively on behalf of 50 East 69th Street Corporation, Plaintiffs, v. JAMES W. SMITH, III; NANCY K. SMITH; LUCINDA SMITH HAY; and CENTER FOR SPECIALTY CARE, INC., Defendants, -and- 50 EAST 69th STREET CORPORATION, Nominal Defendant.

United States District Court, S.D. New York.

April 19, 2019.

Editors Note
Applicable Law: 28 U.S.C. § 1332fd
Cause: 28 U.S.C. § 1332fd Diversity - Breach of Fiduciary Duty
Nature of Suit: 160 Stockholders Suits
Source: PACER

Attorney(s) appearing for the Case

Judith Smith, derivatively on behalf of 50 East 69th Street Corporation, David Ezekiel Fairbank, derivatively on behalf of 50 East 69th Street Corporation & Judith Smith, as CO-TRUSTEE OF THE NANCY A. FAIRBANK, JOHN TAYLOR FAIRBANK AND NATHANIEL DAVID FAIRBANK TRUSTS, Plaintiffs, represented by Anthony S. Cannatella , Law Offices of Anthony S. Cannatella & Christine Marie Wallace , Law Offices of Anthony S. Cannatella.

James W. Smith, III & Nancy K. Smith, Defendants, represented by Andrew Claude Case , Manatt, Phelps & Phillips, LLP, Prana A. Topper , Manatt, Phelps & Phillips, LLP & Ronald Gustav Blum , Manatt, Phelps & Phillips, LLP.

Lucinda Smith Hay, Defendant, represented by Ronald Gustav Blum , Manatt, Phelps & Phillips, LLP.

50 East 69th Street Corporation, Nominal Defendant, represented by Andrew Claude Case , Manatt, Phelps & Phillips, LLP, Prana A. Topper , Manatt, Phelps & Phillips, LLP & Ronald Gustav Blum , Manatt, Phelps & Phillips, LLP.

OPINION & ORDER

This intra-family dispute involves claims of a breach of fiduciary duty. The plaintiff family members allege that the defendant family members managed a family-owned East Side rental townhouse in a manner that brought them unfair personal advantage. The three plaintiffs are Dr. Judith...

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