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WALTER v. FALCONSTOR SOFTWARE, INC.

2013-04788, 2013-05777

126 A.D.3d 885 (2015)

6 N.Y.S.3d 81

2015 NY Slip Op 02112

DEBBIE WALTER et al., Appellants, v. FALCONSTOR SOFTWARE, INC., et al., Respondents.

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

Decided March 18, 2015.

In a consolidated shareholders' derivative action, inter alia, to recover damages for breach of fiduciary duty, the plaintiffs appeal from (1) an order of the Supreme Court, Suffolk County (Pines, J.), dated March 5, 2013, which granted the motion of the defendants FalconStor Software, Inc., Wayne Lam, James Weber, Eli Oxenhorn, Steven R. Fischer, Alan W. Kaufman, Irwin Lieber, James P. McNiel, Barry Rubenstein, and Patrick B....

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