WORMWOOD CAPITAL LLC v. MULLEADY

Index No. 656481/20. Appeal No. 15493. Case No. 2021-03941.

203 A.D.3d 500 (2022)

160 N.Y.S.3d 876

2022 NY Slip Op 01526

Wormwood Capital LLC et al., Appellants, v. Kevin P. Mulleady et al., Respondents.

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

Decided March 10, 2022.


Attorney(s) appearing for the Case

Kishner Miller Himes P.C., New York ( Scott M. Himes of counsel), for appellants.

Morgan, Lewis & Bockius LLP, New York ( Brian A. Herman of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Mazzarelli, González, Shulman, Rodriguez, JJ.


Plaintiffs, minority shareholders of Swiss company Phoenixus AG, commenced this derivative action against Phoenixus and certain members of its board of directors, asserting causes of action for breach of fiduciary duty, breach of duty of loyalty, corporate waste, contribution, and indemnification. Plaintiffs essentially claim that defendant-board members, who were also officers of Phoenixus's Delaware subsidiary, conspired with each other and Phoenixus's founder, nonparty...

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