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SEBROW v. SEBROW

Index No. 33784/19E. Appeal No. 15964. Case No. 2021-01311.

205 A.D.3d 563 (2022)

166 N.Y.S.3d 537

2022 NY Slip Op 03337

Betty Sebrow et al., Appellants, v. Zvi Sebrow, Respondent, et al., Defendants.

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

Decided May 19, 2022.

Attorney(s) appearing for the Case

Jonathan A. Stein, P.C., Cedarhurst ( Jonathan A. Stein of counsel), for appellants.

Joshua Annenberg , New York, for respondent.

Concur—Kapnick, J.P., Webber, Mendez, Pitt, Higgitt, JJ.

The documentary evidence on the motion to dismiss established that plaintiff is not a shareholder of Worbes Corporation and thus does not have standing to bring either individual or derivative claims. Specifically, the terms of the stockholders' agreement provide, among other things, that the shares owned by plaintiff's deceased husband—shares that plaintiff claims she now owns—could be transferred only with the consent...

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