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ABRAHAM v. DIAMOND DEALERS

102623/2009.

27 Misc.3d 663 (2010)

896 N.Y.S.2d 848

DAVID ABRAHAM, Petitioner, v. DIAMOND DEALERS CLUB, INC., et al., Respondents.

Supreme Court, New York County.

Decided March 1, 2010.

Attorney(s) appearing for the Case

Law Offices of Berke & Berke, New York City ( Jeffrey R. Berke of counsel), for Jacob Banda, respondent.

S. Herman Klarsfeld, P.C., New York City, for Diamond Dealers Club, Inc., respondent.

Arent Fox, LLP, New York City ( Stephen Del Percio of counsel), for petitioner.

OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

In this special proceeding, petitioner, the past vice-president of a not-for-profit corporation, seeks to set aside the vote of members that approved amendments to the corporation's bylaws by a narrow margin, and seeks a preliminary injunction enjoining an election of the corporation's officers (motion sequence No. 001). Petitioner also seeks leave to conduct discovery of the managing director and bookkeeper of...

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