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TSATSKIN v. KORDONSKY

2018-13620. Index No. 521941/17.

189 A.D.3d 1296 (2020)

138 N.Y.S.3d 641

2020 NY Slip Op 07617

Paul Tsatskin et al., Appellants, v. Michael Kordonsky et al., Respondents.

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

Decided December 16, 2020.

Attorney(s) appearing for the Case

Nathan L. Dembin & Associates, P.C., New York, NY, for appellants.

Trachtman & Trachtman, Brooklyn, NY ( Laura M. Trachtman of counsel), for respondents Michael Kordunsky, Dial Car, Inc., Alex Brudoley, Michael Levin, Mansoor Ahmad, Alex Reyf, Israel Yakobzon, and Alex Sulava, and Carlton Fields, P.A., New York, NY ( J. Robert MacAneney and Alex B. Silverman of counsel), for respondents Richard Lowenstein and Sergey Kvyat (one brief filed).

Scheinkman, P.J., Dillon, LaSalle and Christopher, JJ., concur.

Ordered that the order is affirmed, with costs.

In 2015, the plaintiffs, who are shareholders of the defendant Dial Car, Inc. (hereinafter Dial), commenced a shareholder derivative action alleging that members of Dial's Board of Directors (hereinafter the Board) breached their fiduciary duty to Dial by paying for unnecessary personal expenses and distributing Dial's profits to themselves rather than to the shareholders (see Guzman v Kordonsky, 177 A.D.3d 708...

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