Legal Opinion

DiPace v. Figueroa

Appellate Division of the Supreme Court of the State of New York

Decided March 5, 1987PublishedCited by 3 opinions

1Opinion of the CourtWeiss, J.

Appeal from an order of the Supreme Court (Doran, J.), entered August 22, 1986 in Saratoga County, which denied defendants’ motion to dismiss the complaint for failure to state a cause of action.

Plaintiff and the two defendants are each one-third shareholders and the corporate officers of Wit’s End Giftique, Inc. (hereinafter the corporation), a family close corporation. Plaintiff commenced this action as a minority shareholder of the corporation for an accounting and to recover for the mismanagement and waste of corporate assets (see, Business Corporation Law § 626; 14 NY Jur 2d, Business…

2Cases cited8 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Foley v. D'AgostinoAppellate Division of the Supreme Court of the State of New York · 1964
  3. Greschler v. GreschlerNew York Court of Appeals · 1980
  4. Greschler v. GreschlerAppellate Division of the Supreme Court of the State of New York · 1979
  5. Greenbaum v. American Metal, Climax, Inc.Appellate Division of the Supreme Court of the State of New York · 1967

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3Cited by3 opinions

  1. Callahan v. CallahanAppellate Division of the Supreme Court of the State of New York · 1987
  2. Chrysler Capital Corp. v. Hilltop Egg Farms, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
  3. DiPace v. FigueroaAppellate Division of the Supreme Court of the State of New York · 1996

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