Legal Opinion

Elenson v. Wax

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

Decided May 8, 1995PublishedCited by 16 opinions

1Opinion of the Court

In an action to recover damages, inter alia, for breach of contract, conversion, and corporate waste, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Yachnin, J.), dated April 9, 1993, which granted the defendants’ motion to dismiss the complaint.

Ordered that the order is affirmed, with costs.

It is axiomatic that a shareholder has no individual cause of action to recover damages for a wrong against a corporation, even if that shareholder loses the value of his investment or incurs personal liability in an effort to maintain the solvency of the corporation (see, Abrams…

2Cases cited1 opinion

  1. Abrams v. DonatiNew York Court of Appeals · 1985

3Cited by16 opinions

  1. Caprer v. NussbaumAppellate Division of the Supreme Court of the State of New York · 2006
  2. Kalin v. Xanboo, Inc.District Court, S.D. New York · 2007
  3. Albany-Plattsburgh United Corp. v. BellAppellate Division of the Supreme Court of the State of New York · 2003
  4. Auguston v. SpryAppellate Division of the Supreme Court of the State of New York · 2001
  5. Brancaleone v. MesagnaAppellate Division of the Supreme Court of the State of New York · 2002

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