ZETLIN v. HANSON HOLDINGS, INC.


48 N.Y.2d 684 (1979)

Lev Zetlin, Appellant, v. Hanson Holdings, Inc., et al., Respondents, and Gable Industries, Inc., et al., Defendants.

Court of Appeals of the State of New York.

Decided October 11, 1979.


Attorney(s) appearing for the Case

Arthur D. Emil and Steven L. Cohen for appellant.

David Parker, Stephen M. Axinn and Carol B. Schachner for James D. Moran and another, respondents.

Adele R. Wailand and Jay Topkis for Joseph J. Sylvestri, respondent.

Sidney O. Friedman and Abraham L. Bienstock for Hanson Holdings, Inc., and others, respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff Zetlin owned approximately 2% of the outstanding shares of Gable Industries, Inc., with defendants Hanson Holdings, Inc., and Sylvestri, together with members of the Sylvestri family, owning 44.4% of Gable's shares. The defendants sold their interests to Flintkote Co. for a premium price of $15 per share, at a time when Gable...

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