Opinion
May 18, 1987
Appeal from the Supreme Court, Westchester County (Walsh, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court correctly determined that the plaintiff's second cause of action alleging that an election of the directors of the Cross Westchester Development Corporation was invalid, involved an issue which had already been litigated in a prior proceeding pursuant to Business Corporation Law § 619. For this reason, and because a proceeding pursuant to Business Corporation Law § 619 is the exclusive method available to a shareholder to test the validity of an election of a director, the second cause of action was properly dismissed (see, Matter of Schmidt [Magnetic Head Corp.], 97 A.D.2d 244; see also, Chiulli v. Cross Westchester Dev. Corp., 130 A.D.2d 616 [decided herewith]). Lawrence, J.P., Eiber, Sullivan and Harwood, JJ., concur.