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TORRES v. LINDSAY PARK BD. OF DIRECTORS

2020-04811. Index No. 508967/19.

219 A.D.3d 655 (2023)

194 N.Y.S.3d 538

2023 NY Slip Op 04227

Adelaida Torres et al., Individually and as Shareholders of Lindsay Park Housing Corp., on Behalf of Themselves and All Other Similarly Situated Shareholders, Respondents, v. Lindsay Park Board of Directors, Appellant, et al., Defendants.

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

Decided August 9, 2023.

Attorney(s) appearing for the Case

Gallet Dreyer & Berkey, LLP, New York, NY ( Kyle G. Kunst of counsel), for appellant.

Brooklyn Legal Services Corporation A, Brooklyn, NY ( Tricia Lendore of counsel), for respondents.

Duffy, J.P., Wooten, Ford and Wan, JJ., concur.

In a shareholder's derivative action, inter alia, to recover damages for breach of fiduciary duty, the defendant Lindsay Park Board of Directors appeals from an order of the Supreme Court, Kings County (Devin P. Cohen, J.), dated May 12, 2020. The order denied that branch of that defendant's motion which was pursuant to CPLR 3211(a)(7) to dismiss the derivative causes of action insofar as asserted against it.

Ordered that...

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