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GLAUBACH v. MILLER

161605/19. Appeal No. 14746. Case No. 2021-00689.

200 A.D.3d 414 (2021)

154 N.Y.S.3d 775

2021 NY Slip Op 06758

Felix Glaubach, Individually and in His Capacity as a Board Member of Personal Touch Holding Corp., Appellant, v. Graubard Miller et al., Respondents.

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

Decided December 2, 2021.

Attorney(s) appearing for the Case

Andrew Lavoott Bluestone , New York, for appellant.

Akerman LLP, New York ( David F. Bayne of counsel), for respondents.

Concur—Gische, J.P., Kapnick, Kern, Gesmer, Kennedy, JJ.

Plaintiff, who sues individually and in his capacity as a board member of Personal Touch Holding Corp., lacks standing to commence this action. The complaint, which asserts a single cause of action for legal malpractice, is premised on defendants' allegedly deficient pleading of causes of action under Business Corporation Law § 720. Any Business Corporation Law § 720 causes of action, however, belonged to the corporation...

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