Opinion
May 18, 1998
Appeal from the Supreme Court, Westchester County (Colabella, J.).
Ordered that the judgment is affirmed with one bill of costs payable to the respondents appearing separately and filing separate briefs.
The Supreme Court properly dismissed the complaint in its entirety. Even assuming there was a validly-formed corporation, the plaintiff failed to establish his status as a shareholder under the "contemporaneous ownership" rule of Business Corporation Law § 626 Bus. Corp. (b) ( see, Independent Investor Protective League v. Time, Inc., 50 N.Y.2d 259; Toussier y Asociados, S.C. v. Rivero, 184 A.D.2d 397). Further, "the unquestionable thrust of [the plaintiffs] objective here is to vindicate his personal rights as an individual and not as a stockholder on behalf of the corporation" ( Rossi v. Kelly, 96 A.D.2d 451, 452; see, Chalmers v. Eaton Corp., 71 A.D.2d 721). Thus, the plaintiff lacks standing to maintain this action.
Sullivan, J.P., Pizzuto, Altman and Friedmann, JJ., concur.