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  5. 85 N.Y.2d 948 (1995)
 

ALBANY-PLATTSBURGH UNITED CORP. v. BELL

85 N.Y.2d 948 (1995)

650 N.E.2d 851

626 N.Y.S.2d 1004

Albany-Plattsburgh United Corporation, Respondent, v. John L. Bell, Appellant.

Court of Appeals of the State of New York.

Decided May 2, 1995.

Attorney(s) appearing for the Case

Thorn & Gershon, Albany (Robert F. Doran of counsel), for appellant.

Harvey and Harvey, Harvey & Mumford, Albany (Jack D. Harvey and Jonathan P. Harvey of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be modified, without costs, by denying plaintiff's motion for summary judgment and remitting to Supreme Court for further proceedings in accordance with this memorandum and, as so modified, affirmed.

The part of the controversy before us concentrates on the status of defendant Bell's shareholder...

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