MATTER OF WILLCOX v. STERN


18 N.Y.2d 195 (1966)

In the Matter of R. Irving Willcox, Appellant, v. Henry R. Stern, Jr., as Superintendent of the Insurance Department of the State of New York, et al., Respondents, et al.

Court of Appeals of the State of New York.

Decided July 7, 1966.


Attorney(s) appearing for the Case

Bernard A. Green for appellant.

Louis J. Lefkowitz, Attorney-General (Joel Lewittes and Samuel A. Hirshowitz of counsel), for Henry R. Stern, Jr., respondent.

Robert R. Hume and William Hart for Transamerica Insurance Company, respondent.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur.


KEATING, J.

This is an article 78 proceeding to review and annul the action of the Superintendent of Insurance in approving a merger of American Surety Company of New York (American) and Transamerica Insurance Company (Insurance). Petitioner owns 1,352 shares of American (less than 1/10 of 1% of the issued and outstanding stock). Transamerica Corporation (Transamerica) owned 100% of the stock of Insurance and...

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