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GROSS v. NEUMAN

40 A.D.2d 772 (1972)

Herman Gross, Individually and as a Stockholder of Continued Care Facilities, Inc., Appellant, v. Carl H. Neuman et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 9, 1972

The second amended complaint charges misappropriation of a corporate opportunity in the first and third causes, and corporate waste in the second and fourth causes in this derivative stockholders action. The corporation has two hospital properties, which it is conceded the corporation could not operate due to subdivision 9 of section 2801-a of the Public Health Law. The corporate president who was in substantial control of the corporation, although the stock was publicly...

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