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PDK LABS, INC. v. KRAPE

277 A.D.2d 212 (2000)

716 N.Y.S.2d 324

PDK LABS, INC., Plaintiff, v. PERRY KRAPE, Appellant-Respondent, and MICHAEL KRASNOFF et al., Respondents-Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 6, 2000.

Ordered that the cross appeal by the counterclaim defendant PDK Labs, Inc., is dismissed as abandoned, without costs or disbursements; and it is further,

Ordered that the order is affirmed insofar as appealed from and cross-appealed from by the counterclaim defendants Michael Krasnoff and Ira Helman, without costs or disbursements.

Business Corporation Law § 626 (c) provides that the plaintiff in a shareholders' derivative action "shall set forth with...

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