SCHWARTZ v. MARIEN


37 N.Y.2d 487 (1975)

Margaret A. Schwartz, as Executrix of Girard A. Dietrich, Deceased, Appellant, v. Robert H. Marien et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 10, 1975.


Attorney(s) appearing for the Case

Francis J. Offermann, Jr. for appellant.

Evan E. James, Seymour L. Schuller and Lawrence A. Schulz for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.


JONES, J.

Plaintiff-appellant claims that the three defendant directors of Superior Engraving Co., Inc. violated their fiduciary duty to her when they sold shares of treasury stock to themselves and to two corporate employees without at the same time granting her the opportunity to purchase treasury shares on the same terms in proportion to her stockholding. We conclude that on this record questions of fact are...

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