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WINTER v. BERNSTEIN

149 Misc.2d 1017 (1991)

William L. Winter, as Trustee for Lily B. Sheflan, Suing on Behalf of Lily B. Sheflan, Individually and Derivatively in the Right of National Reprographics, Inc., et al., Plaintiffs, v. Madeline Bernstein et al., Defendants and Third-Party Plaintiffs, et al., Defendant. Lily B. Sheflan, Third-Party Defendant.

Supreme Court, New York County.

February 15, 1991

Attorney(s) appearing for the Case

Shea & Gould for defendants. Baer Marks & Upham for William L. Winter, plaintiff. Sidney S. Korzenik for Marcella Burnell, individually and as legal representative of the estate of Edwin J. Burnell, deceased, plaintiff. Philip J. Kassel for National Reprographics, Inc., defendant.

EDWARD H. LEHNER, J.

The principal question raised on the motions before the court is whether the terms of a will of a person who died owning all of a corporation's shares can control the corporation's current dividend policy.

The individual defendants move pursuant to CPLR 3211 (a) (7) to dismiss the complaint or, in the alternative, for summary judgment. Plaintiffs cross-move for partial summary...

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