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MTR. OF TRAPASSO OLDS. (ITALIAN SOC.)

4 N.Y.2d 133 (1958)

In the Matter of Trapasso Oldsmobile, Inc., Respondent. Italian Society of M. S. Cristoforo Colombo, Inc., Appellant.

Court of Appeals of the State of New York.

Decided March 27, 1958.

Attorney(s) appearing for the Case

Salem G. Mansour for appellant.

James W. Mallam for respondent.

Chief Judge CONWAY and Judges FULD, FROESSEL and BURKE concur with Judge DESMOND; Judges DYE and VAN VOORHIS dissent and vote to affirm upon the ground that under section 27 of the General Corporation Law the business of the corporation is to be managed by its board of trustees and that there is nothing in this by-law that nullifies this power.

DESMOND, J.

The proceeding was brought under section 21 of the Membership Corporations Law for the confirmation of a lease theretofore made without court approval between appellant Italian Society of M. S. Cristoforo Colombo, Inc., as owner, and respondent Trapasso Oldsmobile, Inc., as tenant, of a vacant piece of land in Niagara Falls, N. Y., adjoining the clubhouse of the Society. The Society was organized in...

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