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6 Jul 2020, 3:50 am by Franklin C. McRoberts
Those costs should be paid by the corporation, which has benefited from the plaintiff’s efforts and which would have borne the costs had it sued in its own right’ (Glenn v Hoteltron Sys., 74 N.Y.2d 386, 393, 547 N.Y.S.2d 816, 547 N.E.2d 71 [1989] [emphasis added]). [read post]
1 Apr 2024, 4:35 am by Franklin C. McRoberts
Under the former, in Glenn v Hoteltron Sys., Inc. (74 NY2d 386 [1989]), New York’s highest court held that a fee award to a successful derivate plaintiff is a liability of the entity on behalf of whom the plaintiff sued, not the defendant(s) the plaintiff actually sued. [read post]