ZUCKERMAN v. GOLDSTEIN

2284, 113633/07

71 A.D.3d 407 (2010)

894 N.Y.S.2d 748

MYRON ZUCKERMAN, Appellant, v. SYDELL GOLDSTEIN et al., Respondents.

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

Decided March 2, 2010.


In connection with a pending action for dissolution of defendant Sam-Fay Realty Corp., in which waste and diversion of corporate assets were alleged against plaintiff, defendants, the remaining shareholders, withheld from plaintiff, but not from themselves, a cash distribution from the sale of assets, pending the court's direction. Even accepting the ill will plaintiff imputes to them, defendants' conduct does not meet "the very high threshold of moral culpability" necessary...

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