Motion List & Order on Application released on:January 26, 2024

Fraud claims brought by corporation against its former controller failed since the controller's knowledge of the alleged fraud would be imputed to the corporation and thus the claim effectively alleged that the controller defrauded himself.

Singer-Songwriter's Copyright Infringement Claims Against Record Label Are Time-Barred

Court declined to vacate judgment where alleged new evidence was already known to plaintiff and plaintiff failed to plead the existence of any fraud, and where plaintiff waited more than two years to file his motion, choosing instead to relitigate the issues in another jurisdiction in the interim.

Fiduciary claims largely dismissed where plaintiffs engaged in group pleading, although the court declined to dismiss claims that specifically pled how controllers usurped a corporate opportunity from the nominal corporate defendant.

Legal Malpractice Claim Dismissed Due to Collateral Estoppel; Breach Claims Survive

Court affirmed validity of stockholder consent where evidence was insufficient to establish that purported equity issuances were valid and therefore diluted the ownership interest of the stockholders voting in favor of the consent.

Malpractice Claim Stated Against Law Firm Over Its Negligence in Due Diligence on Patents

Appellate Division, Second Department: May 19, 2021

Mansion's Owner Awarded $1 Million for Tenants' Breach by Failing to Purchase by May 2014