Order unanimously affirmed, with costs.
Memorandum:
Defendants, Diversified Earth Sciences, Inc. (DES), and C.C.O. Equipment, Inc. (CCO), appeal from a denial of their motion for summary judgment, which seeks to dismiss the second cause of action of plaintiff's complaint. The circumstances which are the basis of this controversy involve the merger of CCO, a closely held corporation of which the plaintiff was the chief executive officer and controlling stockholder...
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