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Chiulli v. Reiter

Appellate Division of the Supreme Court of New York, Second Department
May 18, 1987
130 A.D.2d 617 (N.Y. App. Div. 1987)

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.


Summaries of

Chiulli v. Reiter

Appellate Division of the Supreme Court of New York, Second Department
May 18, 1987
130 A.D.2d 617 (N.Y. App. Div. 1987)
Case details for

Chiulli v. Reiter

Case Details

Full title:ANTHONY CHIULLI, Appellant, v. HENRY REITER, Respondent

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

Date published: May 18, 1987

Citations

130 A.D.2d 617 (N.Y. App. Div. 1987)

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