MATTER OF CARTER v. MUSCAT


21 A.D.2d 543 (1964)

In the Matter of Victor M. Carter et al., Petitioners-Appellants, v. Victor Muscat et al., Respondents-Respondents, and Republic Corporation, Respondent

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

July 9, 1964.


Attorney(s) appearing for the Case

Ben Herzberg of counsel (Howard A. Heffron and Frederick F. Greenman, Jr., with him on the brief; Hays, Sklar & Herzberg, attorneys), for petitioners-appellants.

Roy M. Cohn of counsel (Royall, Koegal & Rogers, attorneys for R. L. Huffines, Jr., and Alex Shuford, Jr.; Saxe, Bacon & O'Shea, attorneys for Victor Muscat and Edward Krock), for respondents-respondents.

Arthur B. Kramer of counsel (Feldman, Kramer, Bam & Nessen, attorneys), for respondent.

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


STALEY, JR., J.

Petitioners, as stockholders of Republic Corporation, have instituted a proceeding pursuant to the provisions of section 619 of the Business Corporation Law to invalidate the election of certain named directors of the corporation on the ground that their election on July 11, 1963 was illegal. This is an appeal from an order entered May 21, 1964 dismissing the petition as legally insufficient....

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