MATTER OF ALLCHESTER DEV. CO., INC. SIDNEY H. POSNER


34 A.D.2d 660 (1970)

In the Matter of Allchester Development Company, Inc. Sidney H. Posner et al., Respondents; William Katz et al., Appellants

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

April 13, 1970


Final order reversed, on the law, without costs, and proceeding remitted to the Special Term for a new hearing and a new determination. The questions of fact have not been considered.

The learned Justice at Special Term erred in denying appellants the right to introduce evidence at the hearing in opposition to the proposed corporate dissolution. Section 1109 of the Business Corporation Law mandates that the allegations and proofs of the parties be heard and the facts...

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