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GOLDMAN v. NERDS BROADWAY LTD. LIAB. CO.

Index No. 655351/18. Appeal No. 15224. Case No. 2021-00903.

202 A.D.3d 436 (2022)

158 N.Y.S.3d 582

2022 NY Slip Op 00721

Marc Goldman et al., Appellants, v. Nerds Broadway Limited Liability Company et al., Respondents.

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

Decided February 3, 2022.

Attorney(s) appearing for the Case

Ira Daniel Tokayer, New York, for appellants.

Goldberg Weprin Finkel Goldstein LLP, New York (Zachary D. Kuperman of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Webber, Oing, Mendez, Higgitt, JJ.

Plaintiff investors' claims for breach of contract and fiduciary duty are based on defendants' decision to have the company enter into a contract with the Shubert Organization. Because they allege harm only to the company, and not based on some particular injury or right of the plaintiffs, these claims are derivative (see Abrams v Donati, 66 N.Y.2d 951, 953 [1985]). As such, they were properly dismissed for lack of standing, because...

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