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POTTER v. ARRINGTON

11 Misc.3d 962 (2006)

810 N.Y.S.2d 312

MICHAEL D. POTTER et al., Individually and Derivatively as Shareholders of ADVANCED VISION TECHNOLOGIES, INC., Petitioners, v. SCOTT C. ARRINGTON et al., Individually and Derivatively as Shareholders of ADVANCED VISION TECHNOLOGIES, INC., Respondents.

Supreme Court, Monroe County.

February 6, 2006.

Attorney(s) appearing for the Case

Remington Gifford Williams & Colicchio LLP (William R. Alexander and James T. Townsend of counsel), for petitioners.

Harris Beach LLP (Douglas A. Foss of counsel), for respondents.

OPINION OF THE COURT

KENNETH R. FISHER, J.

Petitioners seek (1) an order from the court directing that respondents produce all corporate books and records for inspection pursuant to Business Corporation Law § 624; (2) the appointment of a receiver to administer the corporate assets; (3) a finding that respondents have breached their fiduciary duties to petitioners as mandated by Business Corporation Law §§ 715 and 717; (4) a finding that respondents...

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