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ROSENTHAL v. PARMETT

161 A.D.2d 693 (1990)

Ernest G. Rosenthal, Individually and in the Name and Right of Jacob Parmett, Inc., a Corporation, Appellant, v. Richard L. Parmett et al., Respondents, et al., Defendants

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

May 21, 1990

Ordered that the order is affirmed, with costs.

The second cause of action in the instant complaint apparently alleges a derivative cause of action against the respondents for waste and usurpation of a corporate opportunity. Specifically, the allegations of this second cause of action focus on the respondents' conduct with respect to a lease and a "right of first refusal" to purchase contained therein, concerning the premises and realty located at 4040 Hempstead Turnpike...

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