STRAUSS v. MIDTOWN ENTERS.


5 Misc.2d 823 (1945)

Jack S. Strauss, Individually and on Behalf of All Other Stockholders and Bondholders of Midtown Enterprises, Inc., Similarly Situated, Plaintiff, v. Midtown Enterprises, Inc., et al., Defendants.

Supreme Court, Additional Special Term, New York County.

December 27, 1945.


Attorney(s) appearing for the Case

O'Dwyer & Bernstien for plaintiff.

Abraham J. Halprin for Midtown Enterprises, Inc., defendant.

Wise, Shepard, Houghton & Kelly for Continental Bank & Trust Co. of New York.

Kadel, Sheils & Weiss for Englar Committee.


BERNARD BOTEIN, J.

A stockholder of the defendant corporation, which was formed pursuant to a plan of reorganization consummated under the Burchill Act (Real Property Law, §§ 119-123) brings this action to enjoin the defendant Midtown Enterprises, Inc., from selling the Hotel Warwick until it shall have first obtained the consent in writing of the holders of two thirds of its outstanding stock as provided in section 20 of

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