Legal Opinion

Partners v. Superior Well Services, Inc.

New York Court of Appeals

Decided October 25, 2012PublishedCited by 72 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

In this case we are asked to determine whether a corporation is entitled to the dismissal of a complaint that seeks to compel the repurchase of preferred stock. Considering the allegations *61and documentary proof in the shareholders’ favor, we conclude that dismissal is not warranted and that the complaint should be reinstated.

I

Plaintiffs own approximately 54,000 shares of a series of preferred stock issued by defendant Superior Well Services, Inc. Unlike Superior’s common stock, the preferred stock carries no voting rights, but it does confer some special…

2Cases cited4 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
  3. Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
  4. Sokoloff v. Harriman Estates Development Corp.New York Court of Appeals · 2001

3Cited by72 opinions

  1. Vassenelli v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 2016
  2. Lots 4 Less Stores, Inc. v. Integrated Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  3. 25-01 Newkirk Avenue, LLC v. Everest National InsuranceAppellate Division of the Supreme Court of the State of New York · 2015
  4. Greenberg v. BlakeAppellate Division of the Supreme Court of the State of New York · 2014
  5. Palmieri v. Perry, Van Etten, Rozanski & Primavera, LLPAppellate Division of the Supreme Court of the State of New York · 2021

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