MATTER OF GEARING v. KELLY


11 N.Y.2d 201 (1962)

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

Court of Appeals of the State of New York.

Decided April 5, 1962.


Attorney(s) appearing for the Case

William Mertens for appellants.

Edward Ross Aranow, Herbert J. Brown, Robert J. Ward and Michael P. Rosenthal for respondents.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE and FOSTER concur in Per Curiam opinion; Judge FROESSEL dissents in an opinion in which Judge DYE concurs.


Per Curiam.

Appellants, who own 50% of the stock of the Radium Chemical Company, Inc., seek, within the provisions of section 25 of the General Corporation Law, to set aside the election of a director.

In a proceeding under that section, the court sits as a court of equity which may order a new election "as justice may require". We have concluded, as did the majority of the Appellate Division, that appellants...

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