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SCHOETTMER v. F.G.S. REALTY CORP.

143 A.D.2d 128 (1988)

Robert Schoettmer, Individually and as a Shareholder of F.G.S. Realty Corp. and A.B.C. Body Co., Inc., Respondent, v. F.G.S. Realty Corp. et al., Appellants, et al., Defendant

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

August 8, 1988

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellants' contentions, the record establishes that the plaintiff was a shareholder in both the corporations in question at the time the instant suit was brought and at the time the alleged acts of corporate mismanagement of which he complains were committed (see, Business Corporation Law § 626 [b]). The record in this respect reveals that in their answer dated November...

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