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MATTER OF SEAMERLIN OPERATING CO. (SEARING-MERLINO)

307 N.Y. 407 (1954)

In the Matter of the Voluntary Dissolution of Seamerlin Operating Co., Inc. T. Victor Searing, Respondent; Bartolo Merlino, as Committee of Anthony Merlino, an Incompetent, Appellant.

Court of Appeals of the State of New York.

Decided July 14, 1954

Attorney(s) appearing for the Case

Sidney S. Bobbe and Louis George Rudd for appellant.

Bernard Lefkowitz for respondent.

LEWIS, Ch. J., DYE and VAN VOORHIS, JJ., concur with CONWAY, J.; DESMOND, J., dissents in an opinion in which FULD and FROESSEL, JJ., concur.

CONWAY, J.

By an agreement dated August 22, 1947, T. Victor Searing and Anthony T. Merlino agreed, inter alia, (a) to organize the Seamerlin corporation; (b) to execute in the name of, or assign to, said corporation a lease for certain premises at 244-248 West 42nd Street in the city of New York; (c) that each would vote his stock for election of Searing as president, and Merlino as secretary and treasurer of Seamerlin...

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