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BROWN v. BROWN

731 A.2d 1212 (1999)

323 N.J. Super. 30

Carlton C. BROWN, Sr., Plaintiff-Respondent, v. Eleanore BROWN, Defendant/Third Party Plaintiff-Appellant, v. Carlton C. Brown, Sr., Brown Roofing Company, Inc., Brown & Guarino, Inc., Terri L. Brown and Carlton C. Brown, Jr., Third Party Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 7, 1999.

Attorney(s) appearing for the Case

Capizola, Fineman & Lapham, Vineland, attorneys for appellant (Darrell Fineman, of counsel, Jeannine V. Cavagnoro and Mr. Fineman, on the brief).

Gruccio, Pepper, Giovinazzi, DeSanto & Farnoly, Vineland, attorneys for respondents Terri L. Brown and Brown & Guarino (E. Edward Bowman and Gregory S. Martinelli, on the brief).

Respondent Carlton C. Brown has not filed a brief.

Respondent Brown Roofing Company, Inc. has not filed a brief.

Before Judges LANDAU, BRAITHWAITE and WECKER.

The opinion of the court was delivered by WECKER, J.A.D.

The issue presented is whether a former fifty-percent shareholder in a closely-held corporation, who has transferred all of her shares to the other fifty-percent shareholder as part of a divorce settlement, can continue what appears to be a shareholders' derivative action against a third-party, when the action arises out of events that occurred during the shareholder's ownership.

The Law Division Judge...

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