Legal Opinion
Dubin v. Muchnick
New York Supreme Court
Decided April 14, 1981PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Richard S. Lane, J.
At the core of this close corporation family feud lie requirements for a supra-majority vote (80%) for the transaction of any business by the stockholders or the directors. These requirements are contained in a written stockholders’ agreement but are not reflected in either the certificate of incorporation or the by-laws.
In the happier days of corporate birth in 1973, plaintiff and one Lester Pape each held 40% and defendant Joseph Caspi held the remaining 20%. Plaintiff was president and he together with Mr. Pape and all three defendants constituted the…
2Cases cited15 opinions
- Benintendi v. Kenton Hotel, Inc.New York Court of Appeals · 1945
- Zion v. KurtzNew York Court of Appeals · 1980
- Long Park, Inc. v. Trenton-New Brunswick Theatres Co.New York Court of Appeals · 1948
- Fells v. KatzNew York Court of Appeals · 1931
- In re the Election of Directors of William Faehndrich, Inc.New York Court of Appeals · 1957
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3Cited by5 opinions
- United States v. SchmittDistrict Court, E.D. New York · 1998
- Dubin v. MuchnickAppellate Division of the Supreme Court of the State of New York · 1982
- Sutton v. SuttonAppellate Division of the Supreme Court of the State of New York · 1993
- Eckhaus v. MaDistrict Court, S.D. New York · 1986
- Smith v. Orange & Rockland Utilities, Inc.New York Supreme Court · 1994