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OWEN v. HAMILTON

44 A.D.3d 452 (2007)

843 N.Y.S.2d 298

JAMES OWEN, Individually and as a Shareholder of STARPOINT PUBLISHING CORP., Respondent, v. LINDSAY HAMILTON et al., Appellants.

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

Decided October 16, 2007.

Defendant Starpoint Publishing Corp. (Starpoint) publishes "Winning Points," a periodical that provides information for sports handicappers. During most of the 1990s, plaintiff served as president of Starpoint and held a substantial portion of its shares (approximately 40%). In 1999, plaintiff was removed as president and replaced by defendant Lindsay Hamilton, who was also one of Starpoint's four directors. Around the time plaintiff was replaced, Mr. Hamilton purchased a...

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