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AIRTRAN N.Y. v. MIDWEST AIR

46 A.D.3d 208 (2007)

844 N.Y.S.2d 233

AIRTRAN NEW YORK, LLC, Appellant, v. MIDWEST AIR GROUP, INC., Respondent.

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

October 25, 2007.

Attorney(s) appearing for the Case

Smith, Gambrell & Russell, LLP, Atlanta, Georgia (John Despriet, of the Georgia bar, admitted pro hac vice, and James E. Connelly of counsel); and Niehaus LLP, New York City (Paul R. Niehaus of counsel), for appellant.

Sidley Austin LLP, New York City (Andrew W. Stern, Steven M. Bierman and Isaac S. Greaney of counsel), for respondent.

SAXE, J.P., GONZALEZ, CATTERSON and KAVANAGH, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

This appeal, from the denial of a New York shareholder's motion to compel production of the shareholder lists of a foreign corporation pursuant to Business Corporation Law § 1315 (a), concerns the standard under that statute for "doing business" in this state, which, in turn, will determine whether the statutory relief sought is available. Plaintiff contends that section 1315 (a) should be construed to afford the broadest...

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