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KALIVIA FOOD CORP. v. HUNTS POINT COOP. MKT., INC.

244 A.D.2d 460 (1997)

664 N.Y.S.2d 347

Kalivia Food Corp., Appellant, v. Hunts Point Cooperative Market, Inc., Respondent

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

November 17, 1997

Ordered that the order is affirmed, with costs.

The Supreme Court correctly granted the defendant's motion to dismiss the complaint. The complaint sought rescission of an agreement modifying a lease, based on an alleged violation of Business Corporation Law § 909 which requires that certain dispositions of the assets of a corporation be approved by two-thirds of the voting shareholders. It is well-settled that while, on a motion to dismiss, the facts pleaded...

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