BODNER v. GRUNSTEIN

14700-14700A-14701 & M-131

127 A.D.3d 410 (2015)

4 N.Y.S.3d 503

2015 NY Slip Op 02849

ALLEN BODNER, Appellant, v. HARRY GRUNSTEIN, Respondent, and LEONARD GRUNSTEIN et al., Respondents, et al., Defendants.

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

Decided April 2, 2015.


Plaintiff set forth sufficiently particularized facts to raise a reasonable doubt that defendant Harry Grunstein, the only individual upon whom demand to bring suit could be made, was disinterested and independent, and thereby to establish that a demand would have been futile (see Aronson v Lewis, 473 A.2d 805, 814 [Del 1984], overruled on other grounds Brehm v Eisner, 746 A.2d 244 [Del 2000...

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