Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
N.Y.A.D. 2 Dept.,2011.
Burnett v. Pourgol
83 A.D.3d 756, 921 N.Y.S.2d 280, 2011 N.Y. Slip Op. 03013
Background: Shareholder in closely held corporation brought action against his co-shareholder, alleging, inter alia,
breach of fiduciary duty. The Supreme Court, Nassau County, Bucaria, J., 2010 WL 441954, denied co-
shareholder's motion to dismiss. Co-shareholder appealed.
Holdings: The Supreme Court, Appellate Division, held that:
[1] Pretrial Procedure 307A 679
307A Pretrial Procedure
307AIII Dismissal
307A Pretrial Procedure
307AIII Dismissal
307AIII(B) Involuntary Dismissal
307AIII(B)6 Proceedings and Effect
307Ak682 Evidence
101 Corporations and Business Organizations
101VIII Derivative Actions; Suing or Defending on Behalf of Corporation
101VIII(D) Derivative Actions by Shareholders Against Other Shareholders
© 2011 Thomson Reuters. No Claim to Orig. US Gov. Works.
101k2177 Persons Entitled to Sue or Defend; Standing
101k2179 k. Derivative or direct action. Most Cited Cases
Shareholder in a closely held corporation may assert a personal cause of action alleging breach of fiduciary duty
against a fellow shareholder where fellow shareholder's alleged misconduct effects a separate and distinct wrong to
complaining shareholder which is independent of any wrong to the corporation.
[3] Pretrial Procedure 307A 684
307A Pretrial Procedure
307AIII Dismissal
3211(a)(1).
[4] Fraud 184 7
184 Fraud
[5] Pretrial Procedure 307A 684
307A Pretrial Procedure
307AIII Dismissal
defense founded on documentary evidence, of co-shareholder's claim for breach of fiduciary duty. McKinney's
CPLR 3211(a)(1).
Jeffrey A. Sunshine, P.C., Lake Success, N.Y., for appellant.
© 2011 Thomson Reuters. No Claim to Orig. US Gov. Works.
101k2177 Persons Entitled to Sue or Defend; Standing
101k2179 k. Derivative or direct action. Most Cited Cases
Shareholder in a closely held corporation may assert a personal cause of action alleging breach of fiduciary duty
against a fellow shareholder where fellow shareholder's alleged misconduct effects a separate and distinct wrong to
complaining shareholder which is independent of any wrong to the corporation.
[3] Pretrial Procedure 307A 684
307A Pretrial Procedure
307AIII Dismissal
3211(a)(1).
[4] Fraud 184 7
184 Fraud
[5] Pretrial Procedure 307A 684
307A Pretrial Procedure
307AIII Dismissal
defense founded on documentary evidence, of co-shareholder's claim for breach of fiduciary duty. McKinney's
CPLR 3211(a)(1).
Jeffrey A. Sunshine, P.C., Lake Success, N.Y., for appellant.
