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MATTER OF MARVIN JOSEPHSON ASSOCS., INC. v. RANDERIA

52 A.D.2d 523 (1976)

In the Matter of Marvin Josephson Associates, Inc., Appellant, v. Mazdi Randeria et al., Respondents

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

April 1, 1976

Respondents shall recover of appellant $60 costs and disbursements of this appeal. We are in agreement with the findings of fact of the Special Referee, confirmed by Special Term, that the petitioner corporation frustrated the respondents in the exercise of their rights as dissenting shareholders. We hold therefore that, in the case at bar, there were sufficient special circumstances shown to warrant a departure from the strict requirements...

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