QUINN v. STUART LAKES CLUB, INC.


57 N.Y.2d 1003 (1982)

Amy K. Quinn et al., Appellants-Respondents, v. Stuart Lakes Club, Inc., et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided November 11, 1982.


Attorney(s) appearing for the Case

Ludwig A. Saskor for appellants-respondents.

John H. Hartman and Paul F. Eaton for respondents-appellants.

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


MEMORANDUM.

The order of the Appellate Division should be modified, with costs to plaintiffs, by deleting so much thereof as declares that the purposes of the corporation have failed and that any party claiming an interest in the corporation may bring a proceeding for dissolution of the corporation and distribution of its assets.

We agree that article 9 of the corporation's by-laws is void as an absolute restraint...

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