Legal Opinion
Rubinstein v. Catacosinos
Appellate Division of the Supreme Court of the State of New York
Decided February 22, 1983PublishedCited by 18 opinions
1Opinion of the Court
OPINION OF THE COURT
Silverman, J.
These are appeals from an order of the Supreme Court, Special Term, which, inter alia, denied defendants’ motions to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 3) for lack of legal capacity to sue. The chief issue is whether a stockholder, who has instituted a derivative action on behalf of the corporation, continues to have the right to prosecute the action after there has been a merger *446under section 253 of the. Delaware Corporation Law (Del Code Ann, tit 8), as a result of which the plaintiff’s stock was converted into the right only to…
2Cases cited4 opinions
- Diamond v. OreamunoNew York Court of Appeals · 1969
- Tenney v. RosenthalNew York Court of Appeals · 1959
- Diamond v. OreamunoAppellate Division of the Supreme Court of the State of New York · 1968
- Bernstein v. Polo Fashions, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
3Cited by18 opinions
- Center v. Hampton Affiliates, Inc.New York Court of Appeals · 1985
- Friedman v. Mohasco Corp.Court of Appeals for the Second Circuit · 1991
- Dooner v. Keefe, Bruyette & Woods, Inc.District Court, S.D. New York · 2001
- Maldonado v. DiBreAppellate Division of the Supreme Court of the State of New York · 2016
- Shelton v. ThompsonSupreme Court of Alabama · 1989
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