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DEASON v. FUJIFILM HOLDINGS CORP.

650675/18. 650766/18. 7344. 7343. 7342. 7341.

165 A.D.3d 501 (2018)

86 N.Y.S.3d 28

2018 NY Slip Op 06862

Darwin Deason, Respondent, v. Fujifilm Holdings Corp., Appellant, et al., Defendants. In the Matter of Xerox Corporation Consolidated Shareholder Litigation. Asbestos Workers Philadelphia Pension Fund et al., Respondents, v. Fujifilm Holdings Corp., Appellant, et al., Defendants.

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

Decided October 16, 2018.

Plaintiffs failed to show bad faith or a disabling interest on the part of the majority of the directors of Xerox such that plaintiffs' actions stood a likelihood of success on the merits (see Security Police & Fire Professionals of Am. Retirement Fund v Mack, 93 A.D.3d 562, 564 [1st Dept 2012]). While there was an agreement that five members of the then current board of directors...

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