Appellate Division of the Supreme Court of the State of New York July 7, 2009 (Northbay Construction Co. v. Bauco Construction Corp.)

In an action, inter alia, to impose a constructive trust, and a related shareholder’s derivative action to recover damages for breach of fiduciary duty, the plaintiffs in action Nos. 1 and 2 appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Nicolai, J.