MTR. OF ROSENSHEIN v. COL-MOT HOLDINGS


16 A.D.2d 537 (1962)

In the Matter of Hyman Rosenshein et al., Respondents, v. Col-Mot Holdings, Inc., Appellant

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

June 19, 1962.


Attorney(s) appearing for the Case

Jacob Seymour Linett for appellant.

Raymond A. Werchen for respondents.

RABIN, J. P., and EAGER, J., concur with McNALLY and VALENTE, JJ.; STEVENS, J., concurs in result only.


McNALLY, J.

The question presented is whether objecting stockholders of respondent, a domestic real estate corporation, are entitled to an appraisal of their stock pursuant to sections 20 and 21 of the Stock Corporation Law because of the sale of respondent's motel in Florida, the ownership and operation of which was at the time of the sale its sole business. Respondent's amended certificate of incorporation...

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