O'Hara v. Corporate Audit Co.

Order, Supreme Court, New York County (Irma Vidal Santaella, J.), entered November 1, 1989, which, inter alia, granted plaintiff’s motion for a preliminary injunction removing defendant Pfeffer as president, manager and director of defendant Corporate Audit, unanimously reversed to the extent appealed from, on the law and on the facts, with costs and disbursements, and the motion denied.

In this stockholder’s derivative action, plaintiff, a 50% shareholder, alleges waste, mismanagement and self-dealing on the part of Pfeffer, also a 50% shareholder, who, since the corporation’s formation 10…