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CULLIGAN SOFT WATER CO. v. CLAYTON DUBILIER & RICE LLC

651863/12, 1302, 1301, 1300, 1299.

139 A.D.3d 621 (2016)

33 N.Y.S.3d 34

2016 NY Slip Op 04129

CULLIGAN SOFT WATER COMPANY et al., Appellants, v. CLAYTON DUBILIER & RICE LLC et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 31, 2016.

Contrary to the decision of the lower court and the decision in Kenney v Immelt (41 Misc.3d 1225[A], 2013 NY Slip Op 51831[U] [Sup Ct, NY County 2013]), under Business Corporation Law § 626 (c), there is no pleading standard requiring that a shareholder bringing a derivative action who alleges the efforts he or she made, in making a pre-suit demand on the board to take action, also allege that the board wrongfully rejected...

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