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SEAGATE MINI MALL, INC. v. KHLEBOPROS

2016-07097, Index No. 502167/16.

176 A.D.3d 887 (2019)

107 N.Y.S.3d 884

2019 NY Slip Op 07306

Seagate Mini Mall, Inc., et al., Respondents, v. Aleksandr Khlebopros, Appellant.

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

Decided October 9, 2019.

Attorney(s) appearing for the Case

Cherny & Podolsky, PLLC, Brooklyn, NY (Steven V. Podolsky and Mari Milorava-Kelman of counsel), for appellant.

Yoram Nachimovsky, PLLC, New York, NY (Nicholas S. Ratush of counsel), for respondents.

Balkin, J.P., Leventhal, Roman and Connolly, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

In 2013, an action was commenced by two shareholders "in the right and on behalf of" three corporations against the defendant, another shareholder, among others, alleging breach of fiduciary duty (see Kotlyar v Khlebopros, 176 A.D.3d 793 [2019] [decided herewith]). While a motion to confirm an arbitration award and a cross motion, in effect, to vacate the award were pending in that action...

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