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DIRECT MEDIA/DMI v. RUBIN

171 Misc.2d 505 (1997)

654 N.Y.S.2d 986

In the Matter of Direct Media/DMI, Inc., Petitioner, v. Adrea Rubin, Respondent.

Supreme Court, New York County.

January 31, 1997

Attorney(s) appearing for the Case

Spencer L. Schneider, New York City, for petitioner. Camhy, Karlinsky & Stein, New York City, for respondent.

EDWARD H. LEHNER, J.

The central issue on the applications before the court is whether in an appraisal proceeding pursuant to Business Corporation Law § 623 a dissenting shareholder is entitled to assert claims of breach of fiduciary duty by the majority.

Petitioner, Direct Media/DMI, Inc. (DMI), commenced this appraisal proceeding seeking a determination of the fair value of its shares of common...

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