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  5. 66 N.Y.2d 333 (1985)
 

RYE PSYCHIATRIC HOSP. CTR. v. SCHOENHOLTZ

66 N.Y.2d 333 (1985)

In the Matter of Rye Psychiatric Hospital Center, Inc. David E. Doniger et al., Respondents, v. Jack C. Schoenholtz et al., Appellants.

Court of Appeals of the State of New York.

Decided November 19, 1985.

Attorney(s) appearing for the Case

Michael J. Trainor for appellants.

Julius W. Cohn for respondents.

Chief Judge WACHTLER and Judges MEYER, KAYE, ALEXANDER and TITONE concur; Judge SIMONS taking no part.

JASEN, J.

The issue of first impression presented on this appeal is whether the Business Corporation Law permits the number of directors constituting a corporate board to be determined by custom, usage and acquiescence, where there is no governing provision in the bylaws. We hold that it does not.

Respondent Rye Psychiatric Hospital Center (Rye Center) is a private psychiatric hospital incorporated in...

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