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Tartaglione v. Kuder Island Colony

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


April 20, 2010

RAYMOND TARTAGLIONE, ETC., APPELLANT,
v.
KUDER ISLAND COLONY, INC., ET AL., RESPONDENTS.

In a shareholders' derivative action, inter alia, to recover damages for breach of fiduciary duty, the plaintiff appeals from an order of the Supreme Court, Westchester County (O. Bellantoni, J.), entered June 2, 2009, which denied his motion for leave to renew his opposition to the defendants' cross motion, inter alia, for summary judgment dismissing the complaint, which had been determined in an order entered January 16, 2008.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

WILLIAM F. MASTRO, J.P., RUTH C. BALKIN, ARIEL E. BELEN and CHERYL E. CHAMBERS, JJ.

(Index No. 9752/07)

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiff's motion for leave to renew his opposition to the defendants' cross motion, inter alia, for summary judgment dismissing the complaint, since the new evidence he submitted would not have warranted denial of the cross motion (see CPLR 2221[e]; Khan v Nelson, 68 AD3d 1062).

MASTRO, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.

20100420

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