OTTO v. OTTO

10906-108886/10, 10907.

110 A.D.3d 620 (2013)

974 N.Y.S.2d 54

2013 NY Slip Op 6990

MARIA OTTO, Individually and on Behalf of BAYONNE BROADWAY PARTNERS, LP, and Others et al., Respondents, v. JONATHAN OTTO et al., Appellants.

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

Decided October 29, 2013.


Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered April 2, 2012, which denied defendants' motion to dismiss plaintiff's second amended complaint, or in the alternative, for a stay of the action, unanimously modified, on the law, to dismiss the Delaware limited partnerships and limited liability company as derivative plaintiffs, and otherwise affirmed, without costs. Appeal from order, same court and Justice, entered December 26, 2012, which to the extent...

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