defined by the Employment Agreement” and admitted that “whether Blackwell’s incentive stock options ... accelerated

Italco also moved for summary judgment on its counterclaims, including account stated.

decision that is made by a fiduciary, especially a corporate fiduciary, is analyzed under the business judgment The business judgment rule is based on the premise that a court should not be entitled to Monday-morning If a fiduciary breaches the duty of loyalty, the business judgment rule does not apply, and the fiduciary Fiduciary is a director or officer – the plaintiff must first overcome the business judgment rule – Finally, where the claim arises in the corporate context, attention should be given to the business judgment

fail-safe class is impermissible because it “shields the putative class members from receiving an adverse judgment statements provided were accurate, class members other than plaintiffs would not be bound by the adverse judgment

character of the controversy and confers jurisdiction on the courts of the state to enforce it and to enter judgment

and money equal to $3,525,675, plus applicable interest, in partial satisfaction of a $23,051,971.31 judgment

Citrin sought to confirm the Award and to enter judgment. CPLR 7510.

By notice of motion dated February 5, 2016, Cartalemi and WIC moved for summary judgment dismissing the On June 27, 2016, the motion court granted the defendants’ motion for summary judgment dismissing the Jacobs appealed the portion of the order granting the defendants’ motion for summary judgment. appointment of a receiver, the Court found that the motion court should have granted the motion for summary judgment awarded in a plenary action,” rather than as a “limited … provisional remedy … or as an aid in post-judgment

breach of fiduciary duty (seventh and twelfth causes of action), and a cause of action for a declaratory judgment

The First Department disagreed and granted Cash4Cases’ motion for summary judgment in lieu of complaint

shareholder’s derivative action is a lawsuit “brought in the right of a … corporation to procure a judgment brings the action, in behalf of others similarly situated, to vindicate the corporate rights and a judgment On appeal, the Second Department modified the judgment by, among other things, awarding damages to Mawash On September 8, 2015, the court entered a money judgment upon the order. Mawash appealed from the order and the money judgment. That appeal was dismissed.

Plaintiff’s initial motion for summary judgment was denied. On Plaintiff’s renewed motion for summary judgment, counsel urged that it could be inferred that the