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BRESCIA v. SILBERMAN

Index No. 601336/2007, Motion Seq. No. 001.

2009 NY Slip Op 30597(U)

MICHAEL BRESCIA, OLIVER DIRKS, BRYAN DOORISH, CAROL DOORISH, JAIME DOORISH, PETER OSHIRO, ROBERT WELLS, Plaintiffs, v. JOEL AARON SILBERMAN, JEFF TREZZA, MICHAEL DOHERTY & ONYX CORPORATION, Defendants.

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

March 16, 2009.

EMILY JANE GOODMAN, J.S.C.

Defendants Jeff Trezza and Michael Doherty move to dismiss this action, involving a nightclub/restaurant which used to be located at 168 Sullivan Street, on the basis that (1) Plaintiffs (who did not make a demand on the board) allege, in a conclusory fashion, that the demand was excused due to its futility, (2) the action is not a proper derivative lawsuit because the corporation1 should have been named as a...

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