Blackmon v. Carson

Order and judgment, Supreme Court, New York County, entered respectively March 14, 1978 and March 21, 1978, dismissing the complaint for failure to state a cause of action, are unanimously affirmed, with $75 costs and disbursements of this appeal to respondents by appellant. The gravamen of this avowedly nonderivative, representative class suit by minority stockholders of Tobin Packing Co., Inc., is that the controlling stockholders sold their stock to defendant Halco with no provision for participation in the sale or benefit to the minority stockholders, when the controlling stockholders…