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MATTER OF McKINNEY (BUSH TERM. BLDGS. CO.).

280 A.D. 723 (1952)

In the Matter of Holt S. McKinney et al., Respondents Bush Terminal Buildings Company, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 25, 1952.

Attorney(s) appearing for the Case

Vermont Hatch of counsel (John M. Johnston and Malcolm J. Edgerton, Jr., with him on the brief; White & Case, attorneys), for appellant.

Holt S. McKinney, respondent in person, and for Clare R. McKinney, respondent.

PECK, P. J., DORE and COHN, JJ., concur.

CALLAHAN, J.

This appeal presents two questions: (1) did the provisions of a certain plan for recapitalization of respondent's stock give rise to a right of appraisal under section 21 of the Stock Corporation Law; and (2) was an application by petitioners to the Supreme Court for the appraisal of their stock under section 21 presented in time.

If it be determined that the second question must be answered...

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