RED OAK FUND, L.P. v. MacKENZIE PARTNERS, INC.

6364, 651559/10

90 A.D.3d 527 (2011)

934 N.Y.S.2d 401

2011 NY Slip Op 9033

RED OAK FUND, L.P., Respondent, v. MacKENZIE PARTNERS, INC., Appellant.

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

Decided December 15, 2011.


The complaint alleges that plaintiff orally retained defendant to provide proxy solicitation and other related services in connection with its proxy contest involving nonparty CLST Holdings, Inc., and that it requested that defendant send the notice of annual meeting to all CLST shareholders but that defendant only sent the notice to some of the shareholders, thereby requiring the cancellation of the annual meeting, damaging the value of plaintiff's stock and causing other...

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