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MILLER v. KASTNER

100 A.D.2d 728 (1984)

Henry Miller, as Stockholder in Central Tobacco Company, Inc., on Behalf of Himself and Central Tobacco Company, Inc., Respondent, v. Arnold Kastner et al., Appellants

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

March 6, 1984

Order unanimously affirmed, with costs.

Memorandum:

Special Term correctly denied defendants' motion to dismiss plaintiff's complaint in this shareholder's derivative action. The allegations in the complaint must be liberally construed (MacKay v Pierce, 86 A.D.2d 655). We conclude that plaintiff complied with subdivision (c) of section 626 of the Business Corporation Law by alleging with sufficient particularity that...

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