GANZI v. GANZI

9826. 653074/12. 9825. 9824.

183 A.D.3d 433 (2020)

123 N.Y.S.3d 574

2020 NY Slip Op 02740

Gary Ganzi et al., Respondents, v. Walter Ganzi, Jr., et al., Appellants.

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

Decided May 7, 2020.


The trial court correctly rejected defendants' statute of limitations defense to the derivative claims. Defendants contend that the claims that they breached their fiduciary duty to the shareholders of nominal defendant Just One More Restaurant Corporation (JOMR), which owns the Palm Restaurants, by executing various licensing agreements after 2006 that paid JOMR a $6,000 annual license fee for the use of its intellectual property are time-barred by virtue of the fact that...

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