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RUSSO v. ZAHARKO

53 A.D.2d 663 (1976)

Matthew Russo et al., as Members of The Lido Beach Civic Association, Inc., and in The Right of Said Association, and on Behalf of All Other Members Similarly Situated, Appellants, v. Peter Zaharko et al., Respondents

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

June 21, 1976

Order reversed, with $50 costs and disbursements, and motion denied.

In this derivative action, plaintiffs, who constitute at least 5% of the membership of the defendant Lido Beach Civic Association (the Association), a corporation organized under the Not-For-Profit Corporation Law, seek to recover the amount of legal fees and expenses paid by the Association allegedly for the sole and exclusive benefit of the individual...

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