NOOR v. MAHMOOD

2018-11204, Index No. 517284/17.

181 A.D.3d 807 (2020)

118 N.Y.S.3d 429

2020 NY Slip Op 01921

Samiul Noor, Individually and on Behalf of All Stockholders of Coney Island Day Care Center, Inc., Appellant, v. Khalid Mahmood et al., Respondents.

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

Decided March 18, 2020.


Ordered that the order is affirmed, with costs.

In September 2017, the plaintiff commenced this shareholder derivative action against the defendant Coney Island Day Care Center, Inc., and its officers and directors, the defendants Khalid Mahmood and Asad Mahmood, alleging, inter alia, that they breached their fiduciary duty to him and other shareholders similarly situated when they diverted corporate assets for their own use. Following joinder of issue, the defendants...

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