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MTR. OF MANSDORF v. UNEXCELLED, INC.

28 A.D.2d 44 (1967)

In the Matter of Lee Mansdorf et al., Respondents, v. Unexcelled, Inc., et al., Appellants

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

June 29, 1967.

Attorney(s) appearing for the Case

Bruce Bromley of counsel (Havens, Sandless, Stitt & Tighe, attorneys), for appellants.

Joseph Lotterman (Milton E. Mermelstein with him on the brief), attorney for respondents.

STEUER, J. P., CAPOZZOLI and McNALLY, JJ., concur with WITMER, J.; McGIVERN, J. dissents in opinion.

WITMER, J.

This is a proceeding in which certain shareholders of Unexcelled, Inc., a business corporation, petitioned the court to set aside an election of directors of the corporation at an "annual" meeting of its stockholders held March 21, 1967, and for an order directing a new annual meeting of the stockholders. Respondents directors cross-moved for dismissal of the petition. Petitioners were successful at Special Term, which set aside the election...

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