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DEAN v. VAN SCOTER

98 A.D.2d 983 (1983)

Jack E. Dean, Individually and as Shareholder of Green Highlands, Inc., on Behalf of Himself and All Other Shareholders of Green Highlands, Inc., Similarly Situated, and in the Right of Green Highlands, Inc., Appellant-Respondent, v. John C. Van Scoter et al., Respondents-Appellants

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

December 16, 1983

Order unanimously modified, and, as modified, affirmed, with costs to defendants, in accordance with the following memorandum:

Plaintiff seeks in his first cause of action a declaratory judgment that the issuance of 40 shares of stock to the defendant was null and void. Such an action must be commenced within six years from the date the stock was issued (CPLR 213, subd 1; see Solnick v Whalen, 49 N.Y.2d 224, 229-230). Plaintiff...

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