A deal that would see Resorts World Catskills (RWC) in New York go to Genting Malaysia has just been given the green light by minority shareholders – except, perhaps, shareholder David Mullen, who launched a lawsuit to try to stop the sale. As a result, the casino will be taken private once the paperwork is signed between the property’s owner, Empire Resorts, and Genting.

Faced with almost certain bankruptcy, the casino’s parent company, Empire Resorts, struck a deal with Genting that would see the Malaysia-based casino operator pay about $128.6 million to purchase the property. That acquisition was contingent upon the acceptance by RWC’s shareholders and they have now voted to reject bankruptcy protection, which paves the way for the deal to go through, according to a report by Casino.org.

Per the details of the agreement, Genting will take ownership of 49% of the company. The remaining 51% will go to K.T. Lim, the chairman of Genting Group, through his Kien Huat Realty III trust. Lim, who is also the chairman of Genting Malaysia, previously owned 84.7% of Empire Resorts through the same trust.

The amount of the sales transaction equates to around $9.74 per share, a figure that didn’t impress some shareholders, like Mullen. He was the first to announce a lawsuit, but additional lawsuits have now been submitted. They accuse the Empire board of not handling its duties responsibly and of undercutting the value in order to close the deal with Lim as quickly as possible.