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MTR. ENDICOTT JOHNSON v. BADE

37 N.Y.2d 585 (1975)

In the Matter of Endicott Johnson Corp., Appellant-Respondent, v. Frederick M. Bade et al., Respondents, and Samuel Feder et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided October 23, 1975.

Attorney(s) appearing for the Case

Alan R. Wentzel for appellant-respondent.

Herman Mark Harris and William T. Harris for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur; Judge COOKE taking no part.

FUCHSBERG, J.

This proceeding was brought pursuant to section 623 of the Business Corporation Law to fix the fair value of the stock of respondent stockholders, who had dissented from a proposed merger as a result of which petitioner Endicott Johnson Corporation was to become a wholly-owned subsidiary of McDonough Corporation. Special Term, confirming and adopting the report of the appraiser it had appointed...

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