KLEIN v. GUTMAN

2013-00862, Index No. 47485/01.

121 A.D.3d 859 (2014)

994 N.Y.S.2d 654

2014 NY Slip Op 06949

ZALMAN KLEIN, Individually and Derivatively on Behalf of 185 MARCY CORP., Appellant-Respondent, v. MENACHEM GUTMAN et al., Respondents-Appellants.

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

Decided October 15, 2014.


In an action, inter alia, to recover damages for breach of fiduciary duty and conversion, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated December 7, 2012, as denied his cross motion for summary judgment on the complaint, and the defendants cross-appeal from so much of the same order as denied that branch of their motion which was to dismiss the complaint as barred by the doctrine of res judicata.

Ordered that...

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