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BEAUMONT v. AM. CAN CO.

142 Misc.2d 767 (1988)

Geoffrey C. Beaumont et al., Plaintiffs, v. American Can Company et al., Defendants.

Supreme Court, New York County.

September 20, 1988

Attorney(s) appearing for the Case

Dewey, Ballantine, Bushby, Palmer & Wood (Ann Reed of counsel), for American Can Company, defendant. Shea & Gould (Michael Lesch and George Nelson of counsel), for Gerald Tsai, Jr., and others, defendants. Mordecai Rosenfeld, P. C., for Geoffrey C. Beaumont, plaintiff. Garwin, Bronzaft, Gerstein & Fisher (Bertram Bronzaft of counsel), for Stephen A. Kraner, plaintiff. Kaplan, Kilsheimer & Foley (Richard J. Kilsheimer of counsel), for Adele Slutsky, plaintiff.

HERMAN CAHN, J.

This is a motion by the individual defendants to dismiss the complaint on the grounds that: (1) the first cause of action fails to state a cause of action (CPLR 3211 [a] [7]); (2) the second cause of action is barred by res judicata (CPLR 3211 [a] [5]); (3) both causes of action are barred because plaintiffs' exclusive remedy was appraisal under Business Corporation Law § 623.

Defendant...

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