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SORIANO v. OSORIO

10510. 651828/17.

178 A.D.3d 465 (2019)

111 N.Y.S.3d 534

2019 NY Slip Op 08783

Juan Soriano et al., Respondents, v. Victor Osorio et al., Appellants.

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

Decided December 5, 2019.

Attorney(s) appearing for the Case

Law Offices of Martin E. Restituyo P.C., New York ( Martin E. Restituyo of counsel), for appellants.

Grimble & LoGuidice, LLC, New York ( Robert Grimble of counsel), for respondents.

Concur—Richter, J.P., Gische, Webber, Gesmer, JJ.

We reject defendants' argument that plaintiffs were required to commence this action derivatively or assert that a demand on the board of defendant Sushi Vida, Inc. doing business as Mama Sushi (Mama Sushi) to bring an action would be futile, as required by Business Corporation Law § 626. The complaint properly pleads direct, rather than derivative, claims because it seeks to redress injury to plaintiffs individually (see...

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