2012-10477, Index No. 21262/09.

124 A.D.3d 582 (2015)

MICHAEL JIANNARAS, Plaintiff, v. MIKE ALFANT et al., Appellants, et al., Defendant. KATHLEEN M. ACKERMAN et al., Nonparty Respondents.

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

Decided January 14, 2015.

Ordered that the order is affirmed, with costs.

The instant appeal arises from a merger between the defendant On2 Technologies, Inc. (hereinafter On2), a publicly held Delaware corporation that developed video compression technology, and Google, Inc. (hereinafter Google), the global technology conglomerate specializing in Internet-related services. On August 4, 2009, On2 entered into a merger agreement with Google and Oxide, Inc., a subsidiary of Google, pursuant...

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