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IN THE MATTER OF LIPTON v. WACHTLER

19 A.D.3d 212 (2005)

797 N.Y.S.2d 448

In the Matter of DAVID LIPTON, Respondent, v. JEFF WACHTLER et al., Appellants.

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

June 16, 2005.

Petitioner is an aggrieved shareholder within the meaning of section 619, there being no dispute that respondent Wachtler did not receive 75% of the voting shares as required by the corporation's certificate of incorporation and bylaws to be elected director. A contrary finding is not warranted by petitioner's participation in the challenged election and vote in favor of respondent Wachtler. Section 619 is intended for the benefit...

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