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BERKOWITZ v. BERKOWITZ

3 A.D.2d 839 (1957)

Aaron Berkowitz et al., Respondents v. Irving Berkowitz, Appellant

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

April 8, 1957

Judgment reversed on the law, with costs, and complaint dismissed, with costs. The findings of fact are affirmed.

The stockholders' agreement provided that in the event the parties failed to agree upon an appraiser, the corporation was to be dissolved. It is undisputed that the parties had not agreed upon an appraiser. The learned Official Referee had no authority to appoint an appraiser in view of the procedure for dissolution...

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