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MTR. PURNELL v. RADIOLOGISTS

90 N.Y.2d 524 (1997)

686 N.E.2d 1332

664 N.Y.S.2d 238

In the Matter of The Estate of Frank M. Purnell et al., Respondents, v. LH Radiologists, P. C., et al., Appellants.

Court of Appeals of the State of New York.

Decided October 16, 1997.

Attorney(s) appearing for the Case

Ackerman, Levine & Cullen, L. L. P., Great Neck (John M. Brickman and Howard B. Sachs of counsel), for appellants.

Goodkind Labaton Rudoff & Sucharow, L. L. P., New York City (Joseph H. Einstein of counsel), for respondents.

Chief Judge KAYE and Judges TITONE, SMITH, LEVINE, CIPARICK and WESLEY concur.

BELLACOSA, J.

In a proceeding under Business Corporation Law § 624, appellants seek to block petitioners from inspecting corporate books and records. They claim essentially that petitioners are not shareholders in LH Radiologists, P. C. The corporation and Dr. Rothman propose an inapplicable Statute of Frauds-type bar to the proceeding (see, Uniform Commercial Code § 8-319; Business Corporation...

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