BML Properties Limited filed a motion in New York Supreme Court yesterday to dismiss a counterclaim filed against it by CCA Construction Incorporated (formerly China Construction America and also known as CSCECB), which had sought to dismiss BML’s lawsuit against CCA.

CCA’s counterclaim sites shareholder oppression as a basis for the counterclaim, which also includes a demand for punitive damages.

BML’s motion to dismiss this claim by CCA points out that the oppression counterclaim must be dismissed because under New York law the oppression claim is waived when it is for “fiduciary breach”.

It adds that because Baha Mar Ltd. has already been dissolved, CCA’s counterclaim is rendered moot.

Click here to read more at The Nassau Guardian