GLAUBACH v. SLIFKIN

2018-12925. Index No. 702987/15.

198 A.D.3d 621 (2021)

152 N.Y.S.3d 334

2021 NY Slip Op 05323

Felix Glaubach, Respondent, v. David Slifkin et al., Appellants, et al., Defendants.

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

Decided October 6, 2021.


Attorney(s) appearing for the Case

Morrison Cohen LLP, New York, NY ( Y. David Scharf , Howard S. Wolfson , and Joaquin Ezcurra of counsel), for appellant David Slifkin, and Sweeney, Reich & Bolz, LLP, Lake Success, NY ( Michael H. Reich of counsel), for appellants.

Jack Bilancia , Anthony Castiglione , Nancy Roa , and Josephine DiMaggio , and Ruskin Moscou Faltischek, P.C., Uniondale, NY ( Jonathan C. Sullivan of counsel), for appellants Personal Touch Holding Corp., PT Intermediate Holding, Inc., and Personal Touch Home Care of N.Y., Inc. (one brief filed).

The Wilder Law Firm, P.C., New York, NY ( Nicholas Wilder of counsel), for respondent.

Rivera, J.P., Austin, Duffy and Barros, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with one bill of costs, that branch of the defendants' motion which was pursuant to 22 NYCRR 130-1.1 for the imposition of sanctions against the plaintiff is granted, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.

In 2015, the plaintiff commenced this shareholder's derivative action. After the action...

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