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GAZDA v. KOLINSKI

64 N.Y.2d 1100 (1985)

John Gazda, on Behalf of Himself and All Other Shareholders of T.J.'s Big Boy, Inc., and in the Right of T.J.'s Big Boy, Inc., Appellant, v. Anthony T. Kolinski et al., Respondents. (And Another Action.)

Court of Appeals of the State of New York.

Decided April 25, 1985.

Attorney(s) appearing for the Case

John Benjamin Carroll for appellant.

Thomas E. Myers and John J. Dee for respondents.

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, KAYE, ALEXANDER and KANE. Taking no part: Judge SIMONS.

Appeal insofar as it seeks review of that portion of the prior order of the Appellate Division which enjoined expansion pending the accounting dismissed for mootness; order appealed from and order brought up for review otherwise affirmed, with costs, for the reasons stated in so much of the memorandum at the Appellate Division as pertains to management fees and punitive damages (91 A.D.2d 860

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