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TSUI v. CHOU

16731, 652840/13

135 A.D.3d 597 (2016)

24 N.Y.S.3d 44

2016 NY Slip Op 00428

WINNIE TSUI et al., Appellants, v. KATHERINE CHOU et al., Respondents, et al., Necessary Party Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 21, 2016.

The motion court incorrectly determined that plaintiffs' breach of fiduciary duty and breach of contract claims are barred by the business judgment rule. Plaintiffs, suing derivatively on behalf of all unit owners of a condominium, allege in the amended complaint that the Chou defendants breached their fiduciary duties by, among other things, failing to disclose various lawsuits and defendant Robert Chou's criminal record, failing...

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