R2 INVESTMENTS, LDC v. ICAHN

12295, 601296/09, 650499/10.

117 A.D.3d 632 (2014)

987 N.Y.S.2d 31

2014 NY Slip Op 3913

R INVESTMENTS, LDC, Respondent, v. CARL C. ICAHN et al., Appellants. YOULU ZHENG et al., Respondents, v. CARL C. ICAHN et al., Appellants.

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

Decided May 29, 2014.


Order, Supreme Court, New York County (Charles E. Ramos, J.), entered January 30, 2013, which, insofar as appealed from, denied defendants' motions for summary judgment and defendants' motions to dismiss the breach of fiduciary duty claims, unanimously modified, on the law, to dismiss the claims against defendants Dell, Gradin and Knauss, and otherwise affirmed, without costs.

The motion court properly declined to dismiss the direct claims relating to nominal defendant...

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