CARIBE v. FRESH DEL MONTE PRODUCE, INC.


11 A.D.3d 296 (2004)

783 N.Y.S.2d 533

EASTBROOK CARIBE, A.V.V., Appellant, v. FRESH DEL MONTE PRODUCE, INC., et al., Respondents, et al., Defendants.

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

October 14, 2004.


Under the particular circumstances presented, the preanswer dismissal of the complaint was proper. Plaintiff had engaged in litigation in New York courts and abroad over a dispute involving, among other matters, the issue of whether defendants-respondents and related parties had correctly determined that the fair market value of shares in the subject corporation was accurately reflected by an offer of purchase made by defendant IAT, and whether that defendant had legitimately...

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