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GLAUBACH v. SLIFKIN

2019-08677. Index No. 702987/15.

198 A.D.3d 623 (2021)

152 N.Y.S.3d 351

2021 NY Slip Op 05324

Felix Glaubach, Appellant, v. David Slifkin et al., Respondents, et al., Defendants.

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

Decided October 6, 2021.

Attorney(s) appearing for the Case

Tashlik Goldwyn Levy LLP, Great Neck, NY ( Jeffrey N. Levy of counsel), for appellant.

Morrison Cohen LLP, New York, NY ( Y. David Scharf , Howard S. Wolfson , and Terence K. McLaughlin of counsel), for respondents David Slifkin and Trudy Balk.

Sweeney, Reich & Bolz, LLP, Lake Success, NY ( Michael H. Reich of counsel), for respondents Jack Bilancia, Anthony Castiglione, Nancy Roa, and Josephine DiMaggio.

Moses & Singer LLP, New York, NY ( Philippe Zimmerman and Shari Alexander of counsel), for respondent John L. Miscione.

Ruskin Moscou Faltischek, P.C., Uniondale, NY ( Jonathan C. Sullivan of counsel), for respondents Personal Touch Holding Corp., PT Intermediate Holding, Inc., and Personal Touch Home Care of N.Y., Inc.

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

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The instant shareholder's derivative action was commenced in 2015 by the plaintiff alleging, inter alia, corporate waste and breach of fiduciary duty associated with the mischaracterization of bonus payments paid by Personal Touch Holding Corp. (hereinafter the corporation) as educational expenses. An amended complaint...

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