VOLODARSKY v. MOONLIGHT AMBULETTE SERV., INC.

2012-07533

122 A.D.3d 619 (2014)

996 N.Y.S.2d 121

2014 NY Slip Op 07498

DAVID VOLODARSKY, Derivatively as a Shareholder of MOONLIGHT AMBULETTE SERVICE, INC., Respondent, v. MOONLIGHT AMBULETTE SERVICE, INC., et al., Appellants.

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

Decided November 5, 2014.


In an action, inter alia, to recover damages for breach of fiduciary duty, the defendants appeal from so much of an order of the Supreme Court, Kings County (Bunyan, J.), dated May 15, 2012, as denied those branches of their cross motion which were for summary judgment dismissing the causes of action alleging conversion and to impose a constructive trust.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff holds a 29.5% interest...

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