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STUTO v. KERBER

4102-09

26 Misc.3d 535 (2009)

888 N.Y.S.2d 872

2009 NY Slip Op 29457

CHRISTINE M. STUTO, Plaintiff, v. GREGORY G. KERBER et al., Defendants.

Supreme Court, Albany County.

Decided October 20, 2009.

Attorney(s) appearing for the Case

Stockli Greene Slevin & Peters, LLP, Albany (John D. Hoggan, Jr. of counsel), for William J. McNeary III and others, defendants.

Cooper Erving & Savage LLP, Albany (Phillip G. Steck of counsel), for plaintiff.

OPINION OF THE COURT

RICHARD M. PLATKIN, J.

Defendants William J. McNeary III, William J. McNeary IV and Jamie Jayko move pursuant to CPLR 3211 (a) (7) seeking dismissal of the sole cause of action asserted against them: a claim brought pursuant to Business Corporation Law § 630, which imposes personal liability upon the 10 largest shareholders of a closely held corporation for unpaid wages due to employees. Plaintiff opposes the motion.

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