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HEWLETT v. STAFF

235 A.D.2d 696 (1997)

652 N.Y.S.2d 350

Susan Hewlett, Appellant-Respondent, v. Michael T. Staff, Individually and as President of Lake Shore Estates, Inc., et al., Respondents-Appellants, and Roger Hewlett, Individually and as Vice President and Secretary of Lake Shore Estates, Inc., Respondent

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

January 9, 1997

Casey, J.

Plaintiff, a 25% shareholder in Lake Shore Estates, Inc., commenced this action against the other two Lake Shore shareholders, defendants Michael T. Staff (50%) and Roger Hewlett (25%), and against defendant Abraham T. Staff seeking, inter alia, to recover damages based upon allegations of fraud and breach of fiduciary duty. Before issue was joined, defendants moved to dismiss the complaint pursuant to CPLR 3211. Supreme Court granted...

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