In an April 13, 2009 decision, Justice Kapnick granted the defendant’s motion to dismiss the complaint, which alleged breach of a Shareholder’s Agreement, fraud, and fiduciary duty stemming from the plaintiff’s agreement to become a 50% partner in the defendant’s radio station business and their execution of two Shareholder’s Agreements. The court dismissed the breach of contract claim, finding the defendant did not breach any provisions of the second Shareholder’s Agreement as the plaintiff’s rights to recover relocation and constructions costs set forth in the first agreement were merged with the subsequent agreement. The court dismissed the fraud claim on the grounds that the plaintiff failed to demonstrate that he justifiably relied on any alleged misrepresentation as to the profitability of the radio station, as there was no allegation that he undertook any due diligence to determine profitability before entering into the agreement. The court dismissed the breach of fiduciary duty claim alleging that defendant breached duties to her fellow shareholder on the grounds that the claim was a derivative claim as a shareholder has no individual cause of action to recover damages for a wrong against a corporation.