9077. ALAN D. GORDON, ETC., Plaintiff-res-ap, v. FREDERICK W. CREDNO, JR., ETC. Defendants-Appellants-res, DAVINDER SEHMI def — Brune & Richard LLP, New York (David Elbaum of counsel), for Frederick W. Credno, Jr., appellant-res — Dechert LLP, New York (Steven A. Engel of counsel), for Donald J. Moss, Skylink Air and Logistic Support (USA), Inc., Sportsflight Air and Harjit S. Kalsi, appellants-res — Law Offices of Edward C. Kramer, P.C., New York (Edward C. Kramer of counsel), for res-res — Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered on or about January 9, 2012, which, to the extent appealed from, denied defendant Credno’s motion to dismiss plaintiff’s claims against him for breach of contract (counts four and five), fraud (counts six and nine) and breach of fiduciary duty (count eight); denied defendants SkyLink Air and Logistic Support (USA), Inc. (SkyLink USA), Harjit S. Kalsi, Donald J. Moss, and Sportsflight Air, Inc.’s (collectively, the SkyLink defendants) motion to dismiss plaintiff’s claims against SkyLink USA for breach of contract (count one), unjust enrichment (count two) and quantum meruit (count three), and against all of the SkyLink defendants for fraud (counts six and nine); and granted defendants’ motions to dismiss plaintiff’s breach of contract claim (count seven) in its entirety, and those portions of his fraud (counts six and nine) and breach of fiduciary duty (count eight) causes of action alleging derivative claims, unanimously modified, on the law, to dismiss the unjust enrichment and quantum meruit claims, and to dismiss plaintiff’s claims in his individual capacity under the fraud and breach of fiduciary duty causes of action, and otherwise affirmed, without costs.
With regard to plaintiff’s cross appeal, given the minimal business activities of the corporation, the IAS court correctly found that the derivative claims plaintiff asserted on behalf of the corporation accrued for purposes of CPLR 202 in Wyoming, where the corporation was incorporated (Verizon Directories Corp. v. Continuum Health Partners, Inc., 74 AD3d 416 [1st 2010], lv denied 15 NY3d 716 [2010]), and were thus barred by that state’s statute of limitations. The court also properly dismissed plaintiff’s seventh cause of action, a derivative claim for breach of contract. Only one of the defendants is even alleged to be a party to the contract, and that defendant is alleged to have performed under the contract.
