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WELLS v. BEEKMAN TERRACE

23 Misc.2d 22 (1960)

Frederick J. Wells et al., as Stockholders in Beekman Terrace, Inc., Plaintiffs, v. Beekman Terrace, Inc., et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

February 29, 1960.

Attorney(s) appearing for the Case

McCarthy, Kapelman & Nathanson (Maurice McCarthy, Jr., of counsel), for plaintiffs.

Nordlinger, Riegelman, Benetar & Charney (Jacob I. Charney and Donald J. Rapson of counsel), for defendants.

SAMUEL M. GOLD, J.

These actions arise from a dispute among the individual parties, who are the stockholders and directors of the defendant corporation, as to the legal requirements governing the right, power and authority of defendant corporation to sell its real estate.

The certificate of incorporation of the defendant corporation, filed with the Secretary of State on May 9, 1924 provides that no sale...

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