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Abelow v. Diamond

Appellate Division of the Supreme Court of New York, First Department
Oct 26, 1976
54 A.D.2d 656 (N.Y. App. Div. 1976)

Opinion

October 26, 1976


Order, Supreme Court, New York County, entered May 4, 1976, unanimously affirmed, with $40 costs and disbursements to respondents. Pursuant to section 619 Bus. Corp. of the Business Corporation Law, an election of corporate officers has been challenged. There are issues of fact as to the relationship of the parties and their status or lack thereof as corporate directors or officers. These issues must be resolved before the issues of law tendered may be considered. The statute empowers the Special Term to take several courses in respect of such an application, one being to "hear the proofs and allegations of the parties" and another, alternatively, to "take such other action as justice may require." Special Term has ordered a hearing to ascertain the facts. This is appropriate in the circumstances.

Concur — Stevens, P.J., Markewich, Kupferman, Capozzoli and Lane, JJ.


Summaries of

Abelow v. Diamond

Appellate Division of the Supreme Court of New York, First Department
Oct 26, 1976
54 A.D.2d 656 (N.Y. App. Div. 1976)
Case details for

Abelow v. Diamond

Case Details

Full title:IRVING ABELOW et al., Appellants, v. HOWARD DIAMOND et al., Respondents

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

Date published: Oct 26, 1976

Citations

54 A.D.2d 656 (N.Y. App. Div. 1976)