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MAYBROWN v. MALVERNE DISTRIBS., INC.

57 A.D.2d 548 (1977)

Harvey Maybrown, Suing on Behalf of Himself and Other Similarly Situated Shareholders of Malverne Distributors, Inc., Appellant, v. Malverne Distributors, Inc., et al., Respondents

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

April 4, 1977

Order and judgment affirmed, with $50 costs and disbursements.

The record indicates that the plaintiff approved corporate resolutions which (1) amended the subject by-law and (2) permitted the purchase of certain stock from a deceased shareholder's estate as treasury stock. The plaintiff was defeated in an election of directors at an annual shareholders meeting. The record is devoid of any showing of fraud which would justify...

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