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KLURFELD v. EQUITY, INC.

79 A.D.2d 124 (1981)

Gregor Klurfeld, Respondent, and Brian T. Del Giorgio, Individually and on Behalf of All Others Similarly Situated, Appellant, v. Equity Enterprises, Inc., et al., Respondents. Brian T. Del Giorgio et al., Objecting Shareholders-Appellants

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

February 17, 1981

Attorney(s) appearing for the Case

Lumbard & Phelan, P. C. (Eliot H. Lumbard, John J. Phelan, III and Alvin Charles Katz of counsel), for objecting shareholders-appellants and plaintiff-appellant.

Kass, Goodkind, Wechsler & Labaton (Stuart D. Wechsler of counsel; Robert I. Harwood on the brief), for defendants-respondents.

Razis & Ross, P. C. (Stephen Ross of counsel), for plaintiff-respondent.

DAMIANI, LAZER and COHALAN, JJ., concur.

HOPKINS, J. P.

The plaintiff Gregor Klurfeld, a shareholder of the defendant Equity Enterprises, Inc. (Equity), began this action on behalf of the minority public shareholders of Equity to enjoin the merger of Equity with the defendant New Equity Corp. (Newco). The theory of the action is that the proposed merger has for its sole purpose the elimination of the public shareholders and consequently constitutes...

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