Ordered that the order is affirmed, with costs.
Contrary to the plaintiffs' contention, the complaint was properly dismissed insofar as asserted against the respondents. It is clear that this action was brought against the respondents in their alleged capacity as two of the 10 largest shareholders of the corporate defendants, pursuant to Business Corporation Law § 630. The plaintiffs failed to comply with a condition precedent to such an action, in that they...
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