DeMARCO v. CLOVE ESTATES, INC.


250 A.D.2d 724 (1998)

672 N.Y.S.2d 784

Anthony DeMarco, Appellant, v. Clove Estates, Inc., et al., Respondents

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

May 18, 1998


Ordered that the judgment is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The Supreme Court properly dismissed the complaint in its entirety. Even assuming there was a validly-formed corporation, the plaintiff failed to establish his status as a shareholder under the "contemporaneous ownership" rule of Business Corporation Law § 626 (b) (see, Independent Investor Protective League v Time...

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