MATTER OF GEARING v. KELLY


15 A.D.2d 219 (1961)

In the Matter of Ethel C. Gearing et al., Respondents, v. Joseph A. Kelly et al., Appellants

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

December 19, 1961.


Attorney(s) appearing for the Case

Edward Ross Aranow of counsel (Herbert J. Brown, Robert J. Ward and Michael P. Rosenthal with him on the brief; Aranow, Brodsky, Bohlinger, Einhorn & Dann, attorneys), for appellants.

William Mertens for respondents.

RABIN, J. P., McNALLY and STEVENS, JJ., concur with STEUER, J.; EAGER, J., dissents and votes to affirm in opinion.


STEUER, J.

The respondents appeal from an order of Special Term setting aside the election of a director. The corporation involved, Radium Chemical Company, Inc., was formed by Joseph Kelly, Sr., and Thomas Gearing, and they each owned half of the stock. Until 1952 there were three directors, the two founders and Margaret Lee, an employee of long standing. In 1952, Mr. Gearing died and his daughter, Mrs. Meacham...

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