From Casetext: Smarter Legal Research

In the Matter of Lipton v. Wachtler

Appellate Division of the Supreme Court of New York, First Department
Jun 16, 2005
19 A.D.3d 212 (N.Y. App. Div. 2005)

Opinion

6349.

June 16, 2005.

Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered June 4, 2004, which, upon reargument, granted petitioner shareholder's application pursuant to Business Corporation Law § 619 to, inter alia, set aside the election of respondent Wachtler as a director of the subject corporation, unanimously affirmed, without costs.

Montclare Wachtler, New York (Lauren J. Wachtler of counsel), for appellants.

Spector Feldman, LLP, New York (Joel J. Spector of counsel), for respondent.

Before: Tom, J.P., Friedman, Gonzalez and Catterson, JJ.


Petitioner is an aggrieved shareholder within the meaning of section 619, there being no dispute that respondent Wachtler did not receive 75% of the voting shares as required by the corporation's certificate of incorporation and bylaws to be elected director. A contrary finding is not warranted by petitioner's participation in the challenged election and vote in favor of respondent Wachtler. Section 619 is intended for the benefit of the shareholders as a whole, and thus, given a vote that is not unanimous, can be brought by any shareholder ( see Matter of R. Hoe Co., 14 Misc 2d 500, 504, affd 285 App Div 927, affd 309 NY 719). Respondents' other arguments are unpreserved and we decline to review them.


Summaries of

In the Matter of Lipton v. Wachtler

Appellate Division of the Supreme Court of New York, First Department
Jun 16, 2005
19 A.D.3d 212 (N.Y. App. Div. 2005)
Case details for

In the Matter of Lipton v. Wachtler

Case Details

Full title:In the Matter of DAVID LIPTON, Respondent, v. JEFF WACHTLER et al.…

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

Date published: Jun 16, 2005

Citations

19 A.D.3d 212 (N.Y. App. Div. 2005)
797 N.Y.S.2d 448