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SPANOS v. BOSCHEN

61 A.D.2d 837 (1978)

Peter Spanos et al., as Directors of Scott's Beach Club, Inc., Appellants, v. Marie Boschen, Respondent

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

February 27, 1978

Order affirmed, with $50 costs and disbursements.

Plaintiffs brought this action jointly, as directors of Scott's Beach Club, Inc., to nullify a release of a restrictive covenant granted to defendant. There is nothing in the record to indicate that this action is being taken in the right of the corporation or that these directors acted formally as a board of directors in bringing suit. Despite the fact that the named plaintiffs...

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