EISENBERG v. CENT. ZONE PROP. CORP.


281 A.D. 817 (1953)

Max Eisenberg, on Behalf of Himself and All Other Stockholders of Central Zone Property Corporation, Similarly Situated, Respondent, v. Central Zone Property Corporation, Appellant, et al., Defendants

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

February 17, 1953.


Order unanimously reversed, plaintiff's motion for judgment on the pleadings denied and defendant's cross motion granted.

The complaint as amplified by the incorporated exhibits does not charge the proposal of an illegal plan. Each of the major phases of the plan was authorized by statute. The transfer to the Delaware corporation was authorized by section 20 of the Stock Corporation Law, subject of course to the right of appraisal in dissenting stockholders. The prospective...

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