MATTER OF DYER v. INDIUM CORPORATION OF AMERICA


2 A.D.3d 1195 (2003)

770 N.Y.S.2d 184

In the Matter of JOHN R. DYER, Appellant, v. INDIUM CORPORATION OF AMERICA, Respondent.

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

December 24, 2003.


Carpinello, J.

Petitioner owns approximately 6% of respondent's stock. All of the remaining outstanding shares are owned by one other individual, who is respondent's chief executive officer and chair of its board of directors. Suspecting that respondent was improperly retaining income otherwise payable to him, petitioner sought to inspect its books and records. Respondent provided the minutes of its shareholders and board of directors meetings, but otherwise rebuffed...

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