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  5. 16 N.Y.2d 703 (1965)
 

MODEL, ROLAND & CO. v. INDUS. ACOUSTICS CO., INC.

16 N.Y.2d 703 (1965)

Model, Roland & Co., Respondent, v. Industrial Acoustics Company, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided June 10, 1965.

Attorney(s) appearing for the Case

Spencer Pinkham, Carlos L. Israels, Samuel Hoffman and David J. Colton for appellants.

Joseph Rogers for respondent.

Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE and BERGAN concur in MEMORANDUM; Judge FULD dissents in an opinion in which Judge SCILEPPI concurs.

MEMORANDUM:

Order of the Appellate Division directing judgment for the plaintiff-respondent affirmed. Defendants-appellants are correct in their contention that the provisions of article VIII of the corporate by-laws are ineffective to the extent that they require a two-thirds majority shareholder vote to amend certain of the by-laws — in particular the by-law which sets...

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