DINGLE v. XTENIT, INC.

603277/06.

2008 NY Slip Op 51587 (U)

MARK E. DINGLE, INDIVIDUALLY AND ON BEHALF OF XTENIT INC. AND ALL OTHER SHAREHOLDERS SIMILARLY SITUATED, Plaintiff, v. XTENIT, INC. and BRIAN McFADDEN, Defendants.

Supreme Court of the State of New York, New York County.

Decided July 16, 2008.


Attorney(s) appearing for the Case

James P. Rau, Esq. New York, NY, Plaintiff was represented by Cardillo & Corbett.

Defendant was represented by Alireza Dilmaghani, Esq., New York, NY.


HERMAN CAHN, J.

Defendant Brian McFadden moves for summary judgment dismissing the amended complaint, and for attorneys' fees of $20,000.00.

Plaintiff, a minority shareholder of a corporation, claims that the moving defendant, the majority shareholder, director and officer of the corporation, breached his fiduciary duty to plaintiff and other minority shareholders. The claimed breach occurred when defendant corporation adopted a resolution authorizing it to...

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