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CENTRAL LABORERS v. BLANKFEIN

600036/2010.

34 Misc.3d 456 (2011)

931 N.Y.S.2d 835

2011 NY Slip Op 21337

CENTRAL LABORERS' PENSION FUND, Derivatively on Behalf of THE GOLDMAN SACHS GROUP, INC., Plaintiff, v. LLOYD C. BLANKFEIN et al., Defendants.

Supreme Court, New York County.

Decided September 21, 2011.

Attorney(s) appearing for the Case

Grant & Eisenhofer, P.A., Wilmington, Delaware ( Deborah A. Elman and Hung Ta of counsel), for Central Laborers' Pension Fund, plaintiff.

The Grant Law Firm, PLLC, New York City ( Lynda J. Grant of counsel), for Ken Brown, plaintiff.

Sullivan & Cromwell, LLP, New York City ( David M. J. Rein and Gandolfo V. DiBlasi of counsel), for defendants.

OPINION OF THE COURT

BERNARD J. FRIED, J.

By motion sequence No. 002, plaintiffs seek an order dismissing this consolidated action as moot, and an award of attorneys' fees and expenses, pursuant to Business Corporation Law § 626 (e). By motion sequence No. 003, individual plaintiff Ken Brown seeks payment of an incentive fee award of $25,000, in the event motion sequence No. 002 is granted. Defendants do not dispute that the consolidated action ought...

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