Mark v. H.F. Lenfest

Order, Supreme Court, New York County (Ira Gammerman, J.), entered February 28, 2003, which, in this action seeking, inter alia, declaratory relief, granted defendants’ motion to dismiss the complaint, unanimously modified, on the law, to the extent of declaring that the challenged merger is valid, that defendants are shareholders in the merged entity, and that such entity possesses the intellectual property rights previously transferred to Smart Tone, Inc. pursuant to a licensing agreement, and otherwise affirmed, without costs.

The motion court correctly determined that plaintiff was…