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DAVIS v. DAVIS

266 A.D.2d 867 (1999)

697 N.Y.S.2d 888

LAWRENCE E. DAVIS, on Behalf of Himself and All Other Shareholders Similarly Situated and as Shareholder and in the Right of JOSEPH DAVIS, INC., Appellant, v. JEFFREY J. DAVIS et al., Respondents. (Appeal No. 1.)

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

Decided November 12, 1999.

Order unanimously affirmed with costs.

Memorandum:

This is the consolidation of an action and two proceedings brought by Lawrence E. Davis (Lawrence), purportedly as a shareholder of Joseph Davis, Inc. (Davis, Inc.). In the action (appeal No. 1), Lawrence sued on behalf of himself and all other shareholders and in the right of the corporation, naming the corporation and its officers and directors, and alleging defendants' waste, mismanagement and theft in...

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