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MATTER OF BALDWIN TRADING CORP.

8 N.Y.2d 144 (1960)

In the Matter of Baldwin Trading Corporation. Sarah J. Guenther et al., as Executors of Henry C. Guenther, Deceased, et al., Respondents; Louis Koch et al., Appellants.

Court of Appeals of the State of New York.

Decided June 10, 1960.

Attorney(s) appearing for the Case

Charles H. Miller, Sidney Friedman and Donald L. Laufer for appellants.

David Friedman, Adolph J. Eckardt and Wallace J. Borker for respondents.

Judges DYE and FROESSEL concur with Judge BURKE; Chief Judge DESMOND concurs in a separate opinion in which Judge DYE concurs; Judge FULD dissents in an opinion in which Judges VAN VOORHIS and FOSTER concur.

BURKE, J.

The petitioners, representing deceased shareholders of the Baldwin Trading Corporation, a dissolved corporation, seek an accounting of the surviving directors pursuant to section 106 of the Stock Corporation Law. Special Term dismissed the petitions on the ground that the proceeding was barred by the six-year period of limitation (Civ. Prac. Act, § 48, subd. 8). The Appellate Division reversed on...

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