CHERRY GREEN PROPERTY CORP. v. WOLF


281 A.D.2d 367 (2001)

722 N.Y.S.2d 537

CHERRY GREEN PROPERTY CORP., Respondent, v. FLORENCE WOLF et al., Appellants.

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

Decided March 29, 2001.


Defendants' voluntary waiver of their right to share in plaintiff corporation's profits, in exchange for which defendants received a valuable contract to service plaintiff's real property, is enforceable. Nothing in Business Corporation Law § 501 (c), which requires that each share of stock be equal to every other share of the same class, prohibits such a waiver, and no public policy is otherwise implicated. So long as there is no violation of public policy, a statutory...

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