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ARTICLE · 09 AUGUST 2023

Can A Shareholder Suing Derivatively Face Countersuit Individually?

Farrell Fritz
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That was the interesting, infrequently-litigated question addressed in a recent decision by Manhattan Commercial Division Justice Melissa A. Crane.

United StatesFinance and Banking
Franklin C. McRoberts
Franklin C. McRoberts

That was the interesting, infrequently-litigated question addressed in a recent decision by Manhattan Commercial Division Justice Melissa A. Crane.

Simon v FrancInvest, S.A. (2023 NY Slip Op 32422[U] [Sup Ct, NY County July 7, 2023]), was a summary judgment decision in a litigation still going strong after nearly ten years over a family-owned medical practice called the French-American Surgery Center (the "Surgery Center") operating out of a valuable, family-owned condominium adjacent to Central Park in Manhattan (the "Premises").

Pascal's Claims Alleging a "Scheme to Defraud"

In the Third Amended Complaint, Jean-Pascal Simon ("Pascal") sued his brother, Jean-Francois Simon ("Francois") and others who allegedly aided and abetted Francois in a "scheme to defraud" Pascal and his sister "of the family's crown jewels: the Surgery Center and the Premises."

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