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MATTER OF JACOBSON v. MOSKOWITZ

27 N.Y.2d 67 (1970)

In the Matter of Joseph Jacobson, Appellant, v. Henry Moskowitz et al., Respondents.

Court of Appeals of the State of New York.

Decided July 1, 1970.

Attorney(s) appearing for the Case

Morton S. Robson and Henry Winestine for appellant.

Arthur A. Greenfield and Frederic P. Houston for respondents.

Chief Judge FULD and Judges BURKE and BERGAN concur with Judge GIBSON; Judge JASEN dissents and votes to reverse in a separate opinion in which Judge SCILEPPI concurs; Judge BREITEL taking no part.

GIBSON, J.

Petitioner sues under section 619 of the Business Corporation Law to invalidate an election to fill a vacancy on the board of directors of a corporation. At issue is the construction of a corporate by-law providing that vacancies may be filled by the directors in office, read against charter and by-law provisions that a quorum shall consist of 75% of the directors and that the votes of 75% of the directors...

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