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MADISON SULLIVAN PARTNERS LLC v. PMG SULLIVAN STREET, LLC

9540, 650930/17.

173 A.D.3d 437 (2019)

104 N.Y.S.3d 55

2019 NY Slip Op 04460

Madison Sullivan Partners LLC, on Behalf of Itself and Derivatively on Behalf of PMG-Madison Sullivan Development LLC, Appellant, v. PMG Sullivan Street, LLC, et al., Respondents.

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

Decided June 6, 2019.

Plaintiff alleges essentially that it was damaged in connection with the development of a property jointly undertaken with defendant PMG Sullivan because PMG Sullivan and its affiliates permitted delays and cost overruns, and that defendants' actions constituted bad faith, intentional wrongdoing, and gross negligence. It alleges further that a pre-suit demand on the nominal defendants would have been futile. However, under Delaware...

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