RAFIELD v. BROTMAN


261 A.D.2d 257 (1999)

690 N.Y.S.2d 263

PHILLIP I. RAFIELD, as Shareholder and in the Right of PCOM DATA SYSTEMS, INC., Appellant, v. BARRY BROTMAN et al., Respondents.

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

Decided May 20, 1999.


We disagree with the motion court's dismissal of the entire complaint on the ground of lack of standing, given that the relevant deposition testimony by plaintiff, one of two 50 percent shareholders and an officer and director of PCom Data Systems, Inc. (PCom), simply reflected his confusion as a non-lawyer as to the nature of a shareholder's derivative action and, as such, was not fairly probative of his standing, which was otherwise manifest, to sue on behalf of the corporation...

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