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BEARD v. AMES

96 A.D.2d 119 (1983)

Donald H. Beard, Individually and on Behalf of All Other Shareholders of Greek Peak, Inc., Similarly Situated, Appellant, v. Donald F. Ames et al., Defendants, and Greek Peak, Inc., Respondent. (Appeal No. 1.) Donald H. Beard, Individually and on Behalf of All Other Shareholders of Greek Peak, Inc., Similarly Situated, Appellant, v. Donald F. Ames et al., Defendants, and Greek Peak, Inc., Respondent. (Appeal No. 2.)

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

November 4, 1983

Attorney(s) appearing for the Case

Theodore Fenstermacher for appellant.

Harris, Beach, Wilcox, Rubin & Levey (James C. Gocker of counsel), for respondent.

DILLON, P. J., CALLAHAN, GREEN, O'DONNELL and SCHNEPP, JJ., concur.

Per Curiam.

At issue is the application of the attorney-client privilege in the context of an equitable action brought by shareholders against a corporation. Plaintiffs are dissenting shareholders who commenced this action to rescind the merger of defendant Greek Peak, Inc., and the Virgil Recreation Corporation on the ground that it is illegal, fraudulent and a violation of the defendant corporate management's fiduciary...

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