MATTER OF RYBACK


38 A.D.2d 915 (1972)

In the Matter of Jack Ryback et al., Respondents. John P. Lomenzo, as Secretary of State of The State of New York, Appellant

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

March 16, 1972


Petitioner seeks to vacate a corporate merger which was effected by filing a certificate of merger with the Division of Corporations and State Records, in Albany. It is alleged that the merger was made through a mistake of fact and through petitioners' neglect and inadvertence, and that if the corporate merger is not annulled, severe adverse tax consequences will result. While petitioners label the proceeding as one invoking the court's general equity jurisdiction, it is...

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