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HON FUI HUI v. EAST BROADWAY MALL, INC.

4 A.D.3d 309 (2004)

773 N.Y.S.2d 344

HON FUI HUI, Appellant, v. EAST BROADWAY MALL, INC., Respondent.

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

February 26, 2004.

The action was properly dismissed on the ground that a shareholder has no right to bring an action in his own name and on his own behalf on a cause of action that belongs to the corporation (General Motors Acceptance Corp. v Kalkstein, 101 A.D.2d 102, 106 [1984], appeal dismissed 63 N.Y.2d 676 [1984]). It does not avail plaintiff that he was the corporation's only shareholder (see id. at 105), that the corporation was...

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