ABELOW v. DIAMOND


54 A.D.2d 656 (1976)

Irving Abelow et al., Appellants, v. Howard Diamond et al., Respondents

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

October 26, 1976


Unanimously affirmed, with $40 costs and disbursements.

Pursuant to section 619 of the Business Corporation Law, an election of corporate officers has been challenged. There are issues of fact as to the relationship of the parties and their status or lack thereof as corporate directors or officers. These issues must be resolved before the issues of law tendered may be considered. The statute empowers the Special Term to take several courses in respect of such an application...

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