GOLDSTEIN v. BASS

198, 654007/12.

138 A.D.3d 556 (2016)

31 N.Y.S.3d 15

2016 NY Slip Op 03060

ABBEY F. GOLDSTEIN, Appellant, v. ROBERT BASS et al., Respondents, et al., Defendants.

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

Decided April 21, 2016.


Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered October 21, 2014, which granted defendants' motions to dismiss the complaint, affirmed, without costs.

We note at the outset that plaintiff's argument, made for the first time on appeal, that he did in fact satisfy the demand requirement imposed by Business Corporation Law § 626 (c), will not be considered. Not only did plaintiff not raise this argument before the motion court, but, the...

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