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MATTER OF GEARING v. KELLY

29 Misc.2d 674 (1961)

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

Supreme Court, Special Term, New York County.

April 28, 1961

Attorney(s) appearing for the Case

William Mertens for petitioners. Aranow, Brodsky, Bohlinger, Einhorn & Dann (Herbert J. Brown of counsel), for respondents.

WILLIAM C. HECHT, JR., J.

Under general law, a provision as to the number of directors necessary to constitute a quorum is interpreted as meaning a majority of the entire number prescribed for the membership of the board, regardless of the existence of vacancies. (Freidus v. Kaufman, 35 N.J.Super. 601, affd. 36 N.J.Super. 321

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