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HARRIS v. LYKE

217 A.D.2d 982 (1995)

629 N.Y.S.2d 911

Peter A. Harris, Appellant, v. Ervin F. Lyke et al., Respondents

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

July 14, 1995

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court granted defendants' motion to dismiss the complaint on the ground that plaintiff lacks standing to bring a derivative action against defendants. Plaintiff contends that he has standing as a member and capital certificate holder of defendant White Haven Memorial Park, Inc. (White Haven) (see, Not-For-Profit Corporation Law § 623 [a]). He also contends that he has standing on...

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