REPUBLIC CORP. v. CARTER


22 A.D.2d 29 (1964)

Republic Corporation, Respondent, v. Victor M. Carter, Appellant

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

October 22, 1964.


Attorney(s) appearing for the Case

David W. Peck of counsel (Ben Herzberg and Alvin H. Schulman with him on the brief; Hays, Sklar & Herzberg, attorneys), for appellant.

Roy M. Cohn of counsel (William R. Glendon, William J. O'Shea, Jr., Leslie Srager and Royall, Koegel & Rogers with him on the brief; Saxe, Bacon & O'Shea, attorneys), for respondent.

BREITEL, J. P., STEVENS, EAGER and STEUER, JJ., concur.


RABIN, J.

The principal issue presented for our determination is one which may be stated rather simply. May the call for a special stockholders' meeting made by the president of the plaintiff corporation, pursuant to authority granted him by the by-laws, be cancelled by the board of directors or by his successor as president, where no such cancellation power is granted in the by-laws? Special Term determined that...

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