Legal Opinion

Honzawa Holding Co. v. Hiro Enterprise USA, Inc.

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

Decided February 21, 2002PublishedCited by 1 opinion

1Opinion of the Court

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered on or about January 14, 2000, which, inter alia, granted defendants’ motion to dismiss the complaint pursuant to CPLR 3211, unanimously affirmed, with costs.

The causes of action pursuant to Business Corporation Law §§ 1104 and 1104-a were properly dismissed on the basis of plaintiffs’ admissions that neither is a shareholder of record of any of the subject corporations (see, Davis v Davis, 266 AD2d 867, 868). Plaintiffs’ purported shareholder derivative action was properly dismissed, even to the extent that plaintiffs are…

2Cases cited3 opinions

  1. Pessin v. Chris-Craft Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
  2. Lowinger v. LowingerAppellate Division of the Supreme Court of the State of New York · 2001
  3. Davis v. DavisAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by1 opinion

  1. Honzawa v. Hiro Enterprises USA, Inc.Appellate Division of the Supreme Court of the State of New York · 2005

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