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MTR. OF ENDICOTT JOHNSON v. BADE

42 A.D.2d 236 (1973)

In the Matter of Endicott Johnson Corporation, Respondent, v. Frederick M. Bade et al., Respondents, and Gruntal & Co., as Nominee for Bernard Heller and Another, Appellant

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

July 12, 1973.

Attorney(s) appearing for the Case

Herman Mark Harris, Michael J. Zissu and Patricia J. Murphy for appellant.

Casey, Lane & Mittendorf (Alan R. Wentzel and David H. Kohl of counsel), for Endicott Johnson Corp., respondent.

STALEY, JR., J. P., GREENBLOTT, KANE and REYNOLDS, JJ., concur.

COOKE, J.

This is an appeal from an order of the Supreme Court at Special Term, entered August 7, 1972 in Broome County, which (1) granted a motion by petitioner dismissing Gruntal & Co. as a party to this proceeding and (2) denied a motion for discovery by Gruntal & Co.

This is a proceeding brought pursuant to section 623 of the Business Corporation Law to determine the rights of certain shareholders...

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