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MATTER OF DUBONNET SCARFS

105 A.D.2d 339 (1985)

In the Matter of Dubonnet Scarfs, Inc., et al., Holders of One Half of All Outstanding Shares Entitled to Vote in an Election of Directors of Arkwright Mfg., Inc., Appellants. Arkwright Mfg., Inc., Respondent

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

January 22, 1985

Attorney(s) appearing for the Case

Stephen Greiner of counsel (David G. Trachtenberg with him on the brief; Willkie Farr & Gallagher, attorneys), for appellants.

Michael L. Allen of counsel (Robert Alvin Adler with him on the brief; Simon & Allen, attorneys), for respondent and Arthur Olshan.

MURPHY, P. J., SULLIVAN and KASSAL, JJ., concur with ROSS, J.; ASCH, J., dissents in an opinion.

ROSS, J.

This case involves an appeal from a denial of a petition to judicially dissolve a closely held corporation.

In 1952, Arkwright Accessories, Inc., was incorporated in New York State. Subsequently, in 1959, there was a certificate filed changing the name of this corporation to Arkwright Mfg., Inc. (Arkwright). Then in 1960, an amended certificate of incorporation was filed, reflecting this name...

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