FELICIANO v. SEABROOK

2020-04980, 2020-04990. Index No. 712894/19.

214 A.D.3d 711 (2023)

186 N.Y.S.3d 222

2023 NY Slip Op 01182

Jeannette Feliciano et al., Appellants, v. Norman Seabrook et al., Respondents.

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

Decided March 8, 2023.


Attorney(s) appearing for the Case

Newman Ferrara LLP, New York, NY ( Jeffrey M. Norton , Roger A. Sachar, Jr. , and Benjamin D. Baker of counsel), for appellants.

Charny & Wheeler P.C., Rhinebeck, NY ( Nathaniel K. Charny of counsel), for respondents Elias Husamudeen, Joseph Bracco, Elizabeth Castro, Michael Maiello, Amelia Warner, Thomas Farrell, Karen Tyson, Benny Boscio, Kenyatta Johnson, Daniel Palmieri, Angel Castro, Frederic Fusco, and Paulette Bernard, and Correction Officers' Benevolent Association, Inc., East Elmhurst, NY ( Marc Alain Steier of counsel), nominal defendant-respondent pro se (one brief filed).

Albert Craig, Brooklyn, NY, respondent pro se.

Gibson, Dunn & Crutcher LLP, New York, NY ( Reed Brodsky and Andrew C. Bernstein of counsel), for respondent Koehler & Isaacs, LLP.

Iannacci, J.P., Miller, Christopher and Warhit, JJ., concur.


In a derivative action on behalf of members of Correction Officers' Benevolent Association, Inc., inter alia, to recover damages for breach of fiduciary duty and unjust enrichment, the plaintiffs appeal from two orders of the Supreme Court, Queens County (Leonard Livote, J.), both dated June 11, 2020. The first order granted the motion of the defendant Koehler & Isaacs, LLP, pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against it, and, sua sponte...

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