Opinion
No. CV 04-0084606
February 9, 2005
ORDER
The Plaintiffs' Motion to Reconsider/Reargue dated January 3, 2005 having been heard by the court on January 31, 2005, it is ordered that the motion is granted. The court has heard and considered further argument and memoranda of law regarding the Motion to Dismiss. Based on the holdings in Fink v. Goldenbock, 238 Conn. 183 (1996) (allowing Plaintiff to pursue a derivative action where he was one of only two shareholders and other shareholder was allegedly responsible for harm to corporation) and Yanow v. Teal Industries, Inc., 178 Conn. 262 (1979) (holding that claims of looting of the corporation may be pursued as a personal action by a stockholder) the relief requested in the Plaintiffs' Motion to Reconsider/Reargue is also granted. The court's December 21, 2004 decision granting the motion to dismiss is vacated and the motion to dismiss is denied.
Scholl, J.