Benjamin v. Carusona et al, No. 1:2009cv09722 - Document 35 (S.D.N.Y. 2010)
Court Description: OPINION that the motion of Benjamin for injunctive relief at this time is denied. So ordered. (Signed by Judge Robert W. Sweet on 4/21/10) (cd)
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USDC S D m DO~JMF,N'T UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ............................ EL~mRc>l?. FTLED - :1 ~7 DOC #: . x D ~ F I L L :- ~ LINDA BENJAMIN, Plaintiff, -against- OPINION THOMAS CARUSONA, CHRISTOPHER BENNETT, and GURNEY'S INN CORP. LIQUIDATING TRUST, Defendants, GURNEY'S 09 Civ. 9722 INN RESORT & SPA LTD., Nominal Defendant. A P P E A R A N C E S : Attorneys for Plaintiff HARWOOD FEFFER LLP 488 Madison Avenue, 8th Floor New York, NY 10022 By: Joel C. Feffer, Esq. Daniella Quitt, Esq. Attorneys for Defendants EATON & VAN WINKLE LLP 3 Park Avenue New York, NY 10016 By: Ted G. Semaya, Esq. Joseph T. Johnson, Esq. S w e e t , D.J. Plaintiff Linda Benjamin ("Benjamin" or the "Plaintiff") has moved under Fed. R. Civ. P. Rule 65 for a preliminary injunction to bar the Defendants Thomas Carusona ("Carusona") and Christopher Bennett ("Bennett") (collectively, the "Defendant") from seeking indemnification for expenses in connection with this action, to bar the nominal Defendant Gurney's Inn Resort & Spa Ltd. ("Gurney' sf') (collectively, the "Defendants") from paying any such indemnification, and to bar the Defendants from taking any action to amend either the bylaws or certificate of incorporation of Gurney's. Upon the findings and conclusions set forth below, the motion to enjoin indemnity is denied, and the motion to bar amendment to the bylaws and certificate of incorporation is denied. The Parties Benjamin is a Connecticut resident and the only Class A director of Gurney's. Carusona and Bennett are the other two members of the board of directors of Gurney's. Gurney's was formed on
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