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SKOLNIK v. ROSE

55 N.Y.2d 964 (1982)

Beatrice Skolnik, Appellant, v. Cornelius C. Rose, Jr., et al., Respondents.

Court of Appeals of the State of New York.

Decided February 16, 1982.

Attorney(s) appearing for the Case

Edward L. Skolnik for appellant.

Paul K. Milmed, Dennis J. Block, M. Diane Jasinski, Jerome T. Orans, Robert E. Meshel and Paul E. Summit for Cornelius C. Rose and others, respondents.

Ralph W. Lawrence for Margaret C. Kappesser, as executrix of George P. Kappesser, deceased, respondent.

Robert E. Anderson and Jerome Lipper for North American Mortgage Investors, respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur; Judge JASEN taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The Appellate Division correctly held that the complaint should be dismissed for failure to give the shareholders notice of the suit as is required by the laws of Massachusetts. In this case, as in Greenspun v Lindley (36 N.Y.2d 473), the trust agreement expressly provides that the laws of Massachusetts...

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