YUDELL v. GILBERT

6903.

99 A.D.3d 108 (2012)

949 N.Y.S.2d 380

2012 NY Slip Op 5896

MARTIN D. YUDELL et al., Appellants, v. JERROLD GILBERT et al., Respondents, et al., Defendant.

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

Decided August 7, 2012.


Attorney(s) appearing for the Case

Schwartz & Silverstein, LLP, New City ( Mark D. Lefkowitz , Leonard J. Sklerov and Jonathan E. Antone of counsel), for appellants.

Frydman LLC, New York City ( David S. Frydman of counsel), for Jerrold Gilbert and another, respondents.

D'Agostino Levine, Landesman & Lederman LLP, New York City ( George Tzimopoulos of counsel), for Susan W. Finley and others, respondents.

TOM, J.P., FRIEDMAN, SWEENY and DEGRASSE, JJ., concur.


OPINION OF THE COURT

MOSKOWITZ, J.

This appeal, from the grant of a motion to dismiss the complaint, requires us to analyze the difference between direct and derivative claims. New York has lacked a clear approach for determining this difference. Instead, our jurisprudence consists of case by case analyses, that are sometimes difficult to apply to new fact patterns. Therefore, in this case, we adopt the test...

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