Legal Opinion
DeMarco v. Clove Estates, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 18, 1998PublishedCited by 6 opinions
1Opinion of the Court
—In a purported shareholders’, derivative action pursuant to Business Corporation Law § 626, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Colabella, J.), entered December 17, 1996, which, after a nonjury trial, dismissed the complaint.
Ordered that the judgment is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
The Supreme Court properly dismissed the complaint in its entirety. Even assuming there was a validly-formed corporation, the plaintiff failed to establish his status as a shareholder under…
2Cases cited4 opinions
- Independent Investor Protective League v. Time, Inc.New York Court of Appeals · 1980
- Chalmers v. Eaton Corp.Appellate Division of the Supreme Court of the State of New York · 1979
- Rocha Toussier y Asociados, S.C. v. RiveroAppellate Division of the Supreme Court of the State of New York · 1992
- Rossi v. KellyAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by6 opinions
- Albany-Plattsburgh United Corp. v. BellAppellate Division of the Supreme Court of the State of New York · 2003
- Casaccio v. MancusiAppellate Division of the Supreme Court of the State of New York · 1999
- JAS Family Trust v. Oceana Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- Wallace v. PerretNew York Supreme Court · 2010
- Fun Zones of Staten Island, Inc. v. MancusiAppellate Division of the Supreme Court of the State of New York · 1999
1 more not listed; retrieve them via the Exa API.