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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

315-321 Eastern Parkway Development Fund Corp. v. Wint-Howell, 9 Misc. 3d 644 (2005)

Citation
315-321 Eastern Parkway Development Fund Corp. v. Wint-Howell, 9 Misc. 3d 644 (2005)
Parent Document
315-321 Eastern Parkway Development Fund Corp. v. Wint-Howell, 9 Misc. 3d 644 (2005)
Jurisdiction
New York (state)
Effective Date
2005-08-15

Other Sections in This Document (34)

Full Text

425 chars
Were this court to grant the respondents an abatement, the respondents would, in effect, be seeking damages against themselves as they, along with all the other shareholders who have not sought any abatement, would have to vote an assessment against themselves to cover the cost of any recovery. This would result in a zero gain for the respondents and an unnecessary out-of-pocket expenditure for all the other shareholders.