ELTING v. SHAWE

15576N, 651423/14

129 A.D.3d 648 (2015)

10 N.Y.S.3d 872

2015 NY Slip Op 05617

ELIZABETH ELTING, on Behalf of Herself and Derivatively on Behalf of Nominal Defendant TRANSPERFECT GLOBAL, INC., Appellant, v. PHILIP SHAWE, Respondent, et al., Nominal Defendants. In the Matter of ELIZABETH ELTING, on Behalf of Herself and Derivatively on Behalf of Nominal Defendant TRANSPERFECT GLOBAL, INC., Appellant, for the Dissolution of TRANSPERFECT TRANSLATIONS INTERNATIONAL, INC. KRAMER LEVIN NAFTALIS & FRANKEL LLP, Nonparty Appellant.

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

Decided June 30, 2015.


Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered January 9, 2015, which granted defendant Shawe's motion for costs and legal fees against plaintiff Elting and her counsel, Kramer Levin Naftalis & Frankel LLP, unanimously reversed, on the law and the facts, without costs, and the motion denied.

The motion court's factual determination that Elting and Kramer Levin became aware of their mistaken representations, and failed to promptly notify...

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