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COLLINS v. TELCOA INTL. CORP.

283 A.D.2d 128 (2001)

726 N.Y.S.2d 679

JOSEPH E. COLLINS, Appellant, v. TELCOA INTERNATIONAL CORP. et al., Respondents, et al., Defendants.

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

June 11, 2001.

Attorney(s) appearing for the Case

Bailey & Sherman, P. C., New York City (Edward G. Bailey of counsel), for appellant.

Blank Rome Tenzer Greenblatt, L. L. P., New York City (Matthew K. Breitman and Martin P. Unger of counsel), for respondents.

BRACKEN, P. J., LUCIANO and SMITH, JJ., concur.

OPINION OF THE COURT

FRIEDMANN, J.

At issue on the instant appeal, inter alia, is whether a corporate shareholder may sue for money damages where the corporation sells all or substantially all of its assets, the sale is not made in the usual or regular course of business, the corporation fails to give the shareholder proper notice of that action as required by Business Corporation Law § 909 (a), and the shareholder does not bring a proceeding...

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