Appellate Division of the Supreme Court of the State of New York March 17, 2003 (O'Donnell v. Ferro)

—In a shareholder’s derivative action, inter alia, to recover damages for breach of fiduciary duty and corporate waste, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Berler, J.), dated April 27, 2001, as granted the motion of the defendants Charles Ferro and Mazal Beverage, Inc.