Search for: "Jersey Partners, Inc. v McCully"
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2 Jun 2008, 4:30 am
Jersey Partners, Inc., 18 Misc 3d 1138(A) (Sup Ct NY Co 2008), raises a caution flag for dissenting shareholders and their counsel when it comes to asserting claims for dividends that accrue prior to merger consummation but are not payable until afterward.Robert McCully was a shareholder of Jersey Partners, Inc. [read post]
7 Aug 2019, 4:17 am
Because on a motion to dismiss, the court must accord the plaintiff “the benefit of every possible favorable inference” (Rovello v Orofino Realty Co., 40 NY 2d 633, 634 [1976]) and deny the motion where the documentary evidence does not “utterly refute” the claim (McCully v Jersey Partners, Inc., 60 AD 3d 562 [1st Dept 2009]), plaintiffs’ claim of continuous representation by Herrick survives and… [read post]
7 Oct 2019, 4:09 am
” The third case, McCully v Jersey Partners, Inc., which I previously wrote about here, addresses the issue in the unusual setting of a separate lawsuit decided after the conclusion of a dissenting shareholder fair value appraisal proceeding, in which the now-former shareholder sought to recover tax dividend distributions for the two years preceding the merger pursuant to the provisions of a pre-merger shareholders agreement. [read post]
