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WALKER v. SAFTLER, SAFTLER & KIRSCHNER

239 A.D.2d 252 (1997)

657 N.Y.S.2d 187

Herbert Walker, Individually and as Shareholder of Silver Eagle Aircraft Corporation, Respondent, v. Saftler, Saftler & Kirschner, et al., Appellants

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

May 20, 1997

The action should be dismissed insofar as based upon defendants' negligence in prosecuting causes of action that belonged to Silver Eagle Aircraft Corporation in the underlying action, as to which plaintiff lacks standing to sue in his individual capacity (see, Quatrochi v Citibank, 210 A.D.2d 53; Smerling Enters. v Goldstein, 184 A.D.2d 480), and, insofar as he purports to sue derivatively...

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