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MAX v. ALP, INC.

Index No. 650618/19. Appeal No. 15461. Case No. 2021-02747.

203 A.D.3d 580 (2022)

165 N.Y.S.3d 522

2022 NY Slip Op 01969

Adam Max, on Behalf of Himself and Derivatively on Behalf of ALP, Inc., et al., Appellants, v. ALP, Inc., et al., Respondents, et al., Defendant. Lawrence Flynn, Nonparty Respondent.

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

Decided March 22, 2022.

Attorney(s) appearing for the Case

Olshan Frome Wolosky LLP, New York ( Kerrin T. Klein of counsel), for appellants.

Schlam Stone & Dolan LLP, New York ( Jolene LaVigne-Albert of counsel), for respondents.

Concur—Kapnick, J.P., Gesmer, Oing, Singh, Scarpulla, JJ.

Plaintiff Adam Max, a shareholder and director of ALP, Inc., commenced this action against his sister Libra Max, also a shareholder and director, and against the third director of ALP, defendant Michael Anderson. ALP was incorporated by iconic artist Peter Max. Adam Max and Libra Max are his children. Adam Max was the chair of ALP until 2018, when defendants replaced him with Libra Max and this litigation ensued.

In the amended complaint, plaintiffs assert personal...

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