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MATTER OF ROEHNER v. GRACIE MANOR

6 N.Y.2d 280 (1959)

In the Matter of Soll C. Roehner, Appellant, v. Gracie Manor, Inc., Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Daniel Jacobs and Samuel Hoffman for appellant.

Jacob Mishler for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, VAN VOORHIS and BURKE concur.

FROESSEL, J.

We agree with the Appellate Division that ordinarily the sale by a real estate corporation of its sole asset is not outside the regular course of business so as to require stockholder consent (Stock Corporation Law, § 20; Eisen v. Post, 3 N.Y.2d 518). The reason for this principle ceases to apply, however, where as is here alleged such sale is pursuant...

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