MHILL GJURAJ, ETC., plf-res, v. UPLIFT ELEVATOR CORP. def-ap, LIFT ENTERPRISES, INC., def

10817-10818-10819-10820-10821. MHILL GJURAJ, ETC., plf-res, v. UPLIFT ELEVATOR CORP. def-ap, LIFT ENTERPRISES, INC., def — Menaker & Herrmann LLP, New York (Richard G. Menaker of counsel), for ap — Wexler Burkhart Hirschberg & Unger, LLP, Garden City (David Hirschberg of counsel), for res — Judgment, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered March 26, 2013, to the extent appealed from as limited by the briefs, awarding plaintiff damages as against defendants Uplift Elevator Corp., Ivica Lubina, and Paul Caldararo, and dissolving defendant Uplift, unanimously modified, on the law, to vacate the judgment as against Caldararo and to vacate the dissolution of Uplift, and otherwise affirmed, without costs. Appeal from orders, same court and Justice, entered August 16, 2012, September 13, 2012, and on or about January 30, 2013, unanimously dismissed, without costs, as subsumed in the appeal from the aforesaid judgment. Appeal from order, same court and Justice, entered on or about January 24, 2013, which denied defendant Caldararo's motion to reargue, unanimously dismissed, without costs, as taken from a nonappealable paper.

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10817-10818-10819-10820-10821. MHILL GJURAJ, ETC., plf-res, v. UPLIFT ELEVATOR CORP. def-ap, LIFT ENTERPRISES, INC., def — Menaker & Herrmann LLP, New York (Richard G. Menaker of counsel), for ap — Wexler Burkhart Hirschberg & Unger, LLP, Garden City (David Hirschberg of counsel), for res — Judgment, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered March 26, 2013, to the extent appealed from as limited by the briefs, awarding plaintiff damages as against defendants Uplift Elevator Corp., Ivica Lubina, and Paul Caldararo, and dissolving defendant Uplift, unanimously modified, on the law, to vacate the judgment as against Caldararo and to vacate the dissolution of Uplift, and otherwise affirmed, without costs. Appeal from orders, same court and Justice, entered August 16, 2012, September 13, 2012, and on or about January 30, 2013, unanimously dismissed, without costs, as subsumed in the appeal from the aforesaid judgment. Appeal from order, same court and Justice, entered on or about January 24, 2013, which denied defendant Caldararo’s motion to reargue, unanimously dismissed, without costs, as taken from a nonappealable paper.

Plaintiff, a 15 percent minority shareholder in Uplift, has standing to bring his breach of fiduciary duty claims as direct, as well as derivative, causes of action, since defendants’ freezing him out of the corporation and failing to pay him his share of the profits harmed him individually, and he would receive the benefit of any recovery (see Yudell v. Gilbert, 99 AD3d 108, 113-114 [1st Dept 2012]; see also Abrams v. Donati, 66 NY2d 951 [1985]).

MHILL GJURAJ, ETC., plf-res, v. UPLIFT ELEVATOR CORP. def-ap, LIFT ENTERPRISES, INC., def

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