New York Court of Appeals

John M. Bansbach, Appellant v. Michael F. Zinn, Respondents

October 30, 20031 N.Y.3d 1

Summary

The Court held that the plaintiff was not barred by collateral estoppel from asserting demand futility, that demand was futile because the board was dominated by Zinn and his egregious conduct, and that summary judgment was proper as to Zinn’s indemnification claim but not against the other defendants.