MARX v. AKERS


215 A.D.2d 540 (1995)

626 N.Y.S.2d 276

Sylvia A. Marx, Appellant, v. John F. Akers et al., Respondents

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

May 15, 1995


Ordered that the order is affirmed, with costs.

Before a shareholder may bring an action on behalf of a New York corporation, he or she must first make a demand upon the corporation's board of directors to initiate such an action (see, Business Corporation Law § 626 [c]). In the event of the shareholder's failure to do so, the complaint must "set forth with particularity the * * * reasons for not making such effort" (Business Corporation Law § 626...

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