F.I.F. CONSULTANTS, INC. v. JAYS INDUS., INC.


83 A.D.2d 501 (1981)

F.I.F. Consultants, Inc., on Behalf of Itself and All Other Stockholders of Jay Industries, Inc., Similarly Situated, Respondent, v. Jays Industries, Inc., et al., Appellants, et al., Defendant

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

July 2, 1981


Respondent shall recover of appellants $75 costs and disbursements of this appeal.

Kupferman, J. (dissenting).

I would reverse and dismiss the complaint, but grant leave to replead in accordance with this opinion. Plaintiff claims to be a shareholder of the defendant corporation. The individual defendants were at the time of the commencement of the action officers and controlling stockholders of the defendant corporation. The motion to dismiss...

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