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KRUGER v. GERTH

16 N.Y.2d 802 (1965)

Lucretla G. Kruger et al., Appellants, v. Arthur A. Gerth et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided July 9, 1965.

Attorney(s) appearing for the Case

Jack Korshin for appellants.

Edward S. Bentley and Robert T. Aller for respondents.

Concur: Judges DYE, VAN VOORHIS, SCILEPPI and BERGAN. Chief Judge DESMOND and Judge FULD dissent in the following opinions in each of which Judge BURKE concurs.

Order affirmed, without costs, upon the majority opinion at the Appellate Division.

Chief Judge DESMOND (dissenting).

The majority opinion of the Appellate Division proceeds on the mistaken assumption that the plaintiffs are demanding dissolution of this two-man corporation solely because the defendant majority stockholder is taking for himself a bonus and salary in such amounts as to reduce the net corporate profit below the amount necessary...

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