MATTER OF OHRBACH v. KIRKEBY


3 A.D.2d 269 (1957)

In the Matter of Nathan M. Ohrbach et al., on Behalf of Themselves and All Other Tenant Stockholders of 150 Central Park South, Inc., Similarly Situated, Respondents, v. Arnold S. Kirkeby et al., Appellants, et al., Defendant

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

March 12, 1957.


Attorney(s) appearing for the Case

Stephen S. Bernstein and James E. Buck for appellants.

Albert I. Edelman for respondents.

PECK, P. J., BOTEIN, RABIN and FRANK, JJ., concur.


BREITEL, J.

The issue in this case is whether, in a proceeding brought under section 25 of the General Corporation Law to set aside a corporate election, a temporary stay or injunction may be granted postponing a new election until the issues have been determined with respect to the old. Such a stay was granted below, and the corporation and management have appealed.

Involved is a co-operative apartment...

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