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Lehman v. Piontkowski

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 1980
74 A.D.2d 841 (N.Y. App. Div. 1980)

Opinion

March 10, 1980


In an action, inter alia, to enjoin defendant from violating a covenant not to compete, the plaintiffs appeal from an order of the Supreme Court, Suffolk County, entered December 3, 1979, which denied their motion for a preliminary injunction. Order affirmed, with $50 costs and disbursements. We agree with Special Term that the record reveals serious doubts as to whether the defendant's expulsion as a director of the corporation, the involuntary transfer of his stock and the termination of his employment with the corporation, were proper and lawful (see Business Corporation Law, §§ 702, 708). Consequently, it is entirely possible that plaintiffs are suffering no legal injury whatsoever, since all the income derived by the defendant subsequent to the July 23, 1979 "expulsion meeting" may actually be corporate income. In any event, we agree with Special Term that plaintiffs have a more than adequate remedy at law if successful at trial, through an award of monetary damages. Hopkins, J.P., Mangano, Gibbons and Rabin, JJ., concur.


Summaries of

Lehman v. Piontkowski

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 1980
74 A.D.2d 841 (N.Y. App. Div. 1980)
Case details for

Lehman v. Piontkowski

Case Details

Full title:JACOB M. LEHMAN et al., Appellants, v. SHLOMO PIONTKOWSKI, Respondent

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

Date published: Mar 10, 1980

Citations

74 A.D.2d 841 (N.Y. App. Div. 1980)

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