There must be a determination of petitioner's claim to be a stockholder in Fluffy. On the present record, that presents issues of fact which must be determined on a trial. To dismiss this appraisal proceeding as premature and relegate petitioner to the plenary action for determination of whether he is a stockholder involve these disadvantages: (a) The period for bringing the appraisal proceeding (Business Corporation Law, § 623, subd [h], par [2]) will have expired and...
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