MATTER OF DENIHAN (DENIHAN)


119 A.D.2d 144 (1986)

In the Matter of the Arbitration between Benjamin J. Denihan et al., Respondents, and Michael G. Denihan, Appellant

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

August 21, 1986


Attorney(s) appearing for the Case

Alan M. Lebensfeld of counsel (Jack B. Levitt with him on the brief; Cooperman, Levitt & Winikoff, P. C., attorneys), for appellant.

Edmund F. Wolk for 3 Mitchell Place, Inc., respondent.

Edmund F. Wolk of counsel (Julius Mager, attorney), for Benjamin J. Denihan and others, respondents.

ROSENBERGER and WALLACH, JJ., concur with SANDLER, J. P.; FEIN and MILONAS, JJ., dissent in an opinion by MILONAS, J.


SANDLER, J. P.

Michael G. Denihan, respondent-appellant, appeals from an order and judgment of the Supreme Court, New York County (Kenneth Shorter, J.), entered December 5, 1985, which granted the petitioners' application to stay an arbitration demanded by appellant-respondent on his claim that a proposed plan of liquidation of the assets of 3 Mitchell Place, Inc. (Corporation) violated his rights under a shareholders...

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