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WALSH-JONES AGENCY, INC. v. RUTECKI

210 A.D.2d 953 (1994)

621 N.Y.S.2d 1020

Walsh-Jones Agency, Inc., et al., Respondents, v. Victor J. Rutecki, Appellant, et al., Defendant Victor J. Rutecki, Third-Party Plaintiff-Appellant, v. John Walsh, Third-Party Defendant-Respondent

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

December 23, 1994

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly dismissed four counterclaims and the third-party complaint of Victor J. Rutecki (defendant). A shareholder may not sue in an individual capacity for a wrong committed against a corporation (see, Abrams v Donati, 66 N.Y.2d 951, 953). The court properly refused to grant defendant summary judgment on the fourth counterclaim and third...

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