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SALANSKY v. EMPRIC

427 CA 21-00879.

208 A.D.3d 983 (2022)

173 N.Y.S.3d 376

2022 NY Slip Op 04844

Todd Salansky, Individually and Derivatively on Behalf of Buffalo Fermentation Inc., Appellant, v. Jeffrey Empric et al., Respondents.

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

Decided August 4, 2022.

Attorney(s) appearing for the Case

STAN COHEN , NEW YORK CITY, FOR PLAINTIFF-APPELLANT.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO ( JOHN A. COLLINS OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Smith, J.P., Centra, Peradotto, NeMoyer and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying those parts of defendants' motion seeking summary judgment dismissing the first cause of action insofar as it alleges breach of the shareholder agreement as asserted by plaintiff, individually, and the third cause of action insofar as it was asserted by plaintiff, individually, reinstating those causes of action to that extent, and...

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