History
  • No items yet
midpage
Cinotti v. Davidsohn
2001 N.Y. App. Div. LEXIS 5053
| N.Y. App. Div. | 2001
|
Check Treatment

—Order, Supreme Court, New York County (Marilyn Shafer, J.), entered October 11, 2000, which, insofar as appealed from, denied petitioner’s application to enjoin respondents from acting or *281holding themselves out as officers, directors, employees or representatives of the subject corporation, and to declare petitioner and two others as the duly elected directors of the corporation, unanimously affirmed, without costs.

Under the corporation’s bylaws, petitioner could not act both personally and by proxy at the meeting where he was elected. Thus, the proxy used by petitioner as a device for his nomination to the board was invalid, and the ensuing election a nullity. Nor does Business Corporation Law § 619 require that the court order a new election. Petitioner’s conclusory allegations that respondents might enter into agreements detrimental to the corporation’s interests do not address the merits of petitioner’s claim to control of the corporation, and otherwise do not warrant the injunctive relief he seeks. Concur — Rosenberger, J. P., Tom, Mazzarelli, Wallach and Friedman, JJ.

Case Details

Case Name: Cinotti v. Davidsohn
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: May 17, 2001
Citation: 2001 N.Y. App. Div. LEXIS 5053
Court Abbreviation: N.Y. App. Div.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.