EDMONDS v. AMNEWS CORP.


224 A.D.2d 358 (1996)

638 N.Y.S.2d 85

John L. Edmonds, Respondent, v. Amnews Corporation et al., Appellants

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

February 29, 1996


Just as it would be unfair to preclude a plaintiff shareholder from pursuing a derivative action, alleging corporate waste and diversion of corporate assets for non-corporate purposes, by staying such action while permitting the alleged wrongdoers in control of the corporation to use the election available to them pursuant to Business Corporation Law § 1118 to purchase all of the shareholder's shares at fair value, thereby divesting the shareholder of standing, such...

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