IN THE MATTER OF SCHAPIRA v. GRUNBERG


30 A.D.3d 345 (2006)

819 N.Y.S.2d 8

In the Matter of RUTH SCHAPIRA, Individually and as Cotrustee of the Trust under Paragraph FIFTH (B) of the Last Will and Testament of HANS E. SCHAPIRA, Deceased, et al., Respondents-Appellants, v. FRED GRUNBERG et al., Appellants-Respondents.

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

June 29, 2006.


Although this action is essentially a proceeding under Business Corporation Law § 619 (see People ex rel. Nicholl v New York Infant Asylum, 122 N.Y. 190 [1890]), the court is not precluded from considering the issues presented (see CPLR 103 [c]), since at least one of the parties has standing to assert such a claim.

The bylaws of Whitehall Tenants Corp. are not ambiguous, and thus, there is no need to resort to parol evidence (see e.g. Greenfield...

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