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JAMES v. BERNHARD

10002, 150450/11.

106 A.D.3d 435 (2013)

965 N.Y.S.2d 56

2013 NY Slip Op 3268

O. ALDON JAMES, JR., on Behalf of the NATIONAL ARTS CLUB, Respondent, v. DIANNE BERNHARD et al., Appellants.

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

Decided May 7, 2013.

Defendants have established a "persuasive case" that "the proper protection of the corporation's interest or the proper conduct of the litigation would be better served by the elimination or a change in the identity" of the plaintiff (Tenney v Rosenthal, 6 N.Y.2d 204, 209-210 [1959]), due to a conflict of interest. Plaintiff was expelled from the Club on whose behalf he is suing and the entire complaint in this derivative action...

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