Partners v. Superior Well Services, Inc.
New York Court of Appeals
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
- Leon v. MartinezNew York Court of Appeals · 1994
- Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
- Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
- Sokoloff v. Harriman Estates Development Corp.New York Court of Appeals · 2001
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- Greenberg v. BlakeAppellate Division of the Supreme Court of the State of New York · 2014
- Palmieri v. Perry, Van Etten, Rozanski & Primavera, LLPAppellate Division of the Supreme Court of the State of New York · 2021
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