GOLUB v. TESLER


251 A.D.2d 46 (1998)

672 N.Y.S.2d 722

Leonard Golub, Appellant, v. Estate of Max A. Tesler, Deceased, et al., Respondents

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

June 4, 1998


Accepting the allegations of the complaint, we agree with the IAS Court that defendants' refinancing of the corporation's mortgage without plaintiff's consent, in breach of the parties' shareholders' agreement requiring such consent, if a wrong, was one committed against the corporation that plaintiff may not assert in his individual capacity. Plaintiff's alleged loss, namely, reduced equity in the property due to the stretching out of repayment of principal, is the corporation...

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