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SUMMER v. RUCKUS 85 CORP.

114295/11. 4031. 4030.

150 A.D.3d 515 (2017)

2017 NY Slip Op 03907

57 N.Y.S.3d 8

THOMAS SUMMER et al., Respondents-Appellants, v. RUCKUS 85 CORP., Respondent, and YVETTE GEORGES DEETON, Appellant, et al., Defendants.

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

Decided May 16, 2017.

It is undisputed that the December 16, 1998 amendments to the corporation's bylaws and certificate of incorporation required a legend on the stock certificates concerning the lack of a board of directors and the supermajority requirements for a quorum and to transact corporate business, which was never included on the stock certificates provided to three of the named plaintiffs, in violation of Business Corporation Law §§ 620 (b) and 616 (c). Accordingly, the court...

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